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(영문) 서울남부지방법원 2019.09.19 2018고단6297
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no one shall lend a means of access with the receipt, request or promise of any compensation in using and managing the means of electronic financial transactions.

Nevertheless, the Defendant, on July 25, 2018, received a proposal from a person without the name of the company (hereinafter referred to as the “C Company D”) to the effect that “The Kwikset Service Co., Ltd. (hereinafter referred to as the “C Company D”) is a representative importer, and it has been inevitably leased an individual account because there are many customers wishing to engage in non-data transaction due to the aggravation of the dominantm economy, and the account is leased three million won for three days, and 1.5 million won out of the rent of three million won for the first day, shall be paid at the completion of the first day, and the remaining 1.5 million won shall be paid at the end of the third day.” On July 30, 2018, the Defendant notified Kwikset Service Articles, who sent the name in the vicinity of the F of Gangseo-gu Seoul Metropolitan Government, into the document envelope connected with the G Bank’s account in the name of the Defendant, and notified the above person with the name in the name and the password.

Accordingly, the Defendant promised to pay for, and lent the means of electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. A police interrogation protocol of the accused (including attached materials);

1. Statement of the police officer to I;

1. Application of B’s petition, written statement of victim to the Acts and subordinate statutes;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Article 32(1)1, (2), and (3) of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc. of Application for Compensation [the violation of the Electronic Financial Transactions Act does not constitute an offense subject to a compensation order under each subparagraph of Article 25(1) of the same Act] following the grounds for sentencing, and the records of this case, such as circumstances and other circumstances of the accused, their age, character and behavior, environment, criminal record, motive, means and consequence of the offense, etc.

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