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(영문) 서울남부지방법원 2017.01.11 2016고단5078
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No person shall transfer or take over any access medium, such as an electronic card, which is used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of the users and the details of the transaction, or lend or lease any access medium or keep, deliver or distribute such medium by receiving, demanding or promising any consideration.

On June 28, 2016, the Defendant is an online game company called “C” from a person who has no name, in the residence of the Defendant of Yeongdeungpo-gu Seoul Metropolitan Government, and from a person who has no name.

On the 29th of the same month, Kwikseter, who was found at the request of the above person in front of the E dental clinic located in Yeongdeungpo-gu Seoul, provided a mobile phone text message stating that he will pay KRW 3,200,000 per month in advance at the face of the head of the Tong to lease the head of the Tong, and provided the above person with 3,20,000 won per account. On the 29th of the same month, Kwikseter, who was found at the request of the above person in front of the E dental clinic located in Yeongdeungpo-gu Seoul, sent one passbook to the bank account in the name of the defendant in the name of the defendant (F) and the company bank account (G) and one check to the person in charge of the name of the bank, and then sent the password to the person in charge of the name of the second, and then promised the person to receive the access medium in the electronic financial transaction.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by H;

1. Receipts:

1. Provision of financial transaction information;

1. Certificates of deposit transactions;

1. Statement of separate accounts;

1. Application of Acts and subordinate statutes governing text messages;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The act of lending the electronic financial transaction access media, such as the instant crime, on the grounds of sentencing Article 62-2 of the Social Service Order Criminal Act, is a large amount of damage by facilitating the commission of other crimes using the access media.

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