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(영문) 서울남부지방법원 2017.11.22 2017고단5135
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On July 23, 2015, the Defendant was sentenced to two years of suspended execution in August 23, 2015 due to a violation of the Act on Special Cases Concerning the Aggravated Punishment, etc. of Specific Economic Crimes (A known player) in the support for childbirth of Suwon Fagwon, and the judgment became final and conclusive on June 23, 2016.

Except as otherwise provided for in any other Act, no one shall lend any access medium with the promise of compensation in using and managing any medium access to electronic financial transactions.

Nevertheless, around April 19, 2017, the Defendant issued a copy of the e-mail card linked to the e-mail account under the name of the Defendant at the center of Yangcheon-gu Seoul Metropolitan Government, 261, stating that “The Defendant would give KRW 2 million per week on the face of lending the e-mail card in the name of another for the operation of logistics enterprises, which requires the reduction or exemption of customs duties.”

As a result, the Defendant promised to pay for, lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of I;

1. Details of a warrant of search and inspection;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Consideration of equity in cases where a judgment is rendered concurrently with the same kind of crime pending in the appellate court on the grounds of selective sentencing of punishment

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