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(영문) 서울남부지방법원 2017.08.11 2017고단1373
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence 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, acquire or lend a cash card or a password used in the cash card which is an access medium in an electronic financial transaction, a user number registered in a financial institution, etc.

Nevertheless, the defendant was aware of his knowledge.

B, “The case of lending the passbook” received a proposal and consented thereto, and around November 27, 2016, around the sixth floor office of Yongsan-gu Seoul Metropolitan Government building C, issued the passbook and physical check card in the name of the defendant, and issued the passbook and physical check card in the name of the defendant, and around November 28, 201, issued the passbook and physical check card in the bank account (E) of the name of the defendant in the non-commercial coffee store in Gangnam-gu Seoul, Seoul, the next day on November 28, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Part II Acts and subordinate statutes in this Section to the public perusal of the newspaper record;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Specialized Financial Transactions (or Selection of Imprisonment with prison labor) concerning facts constituting an offense and Article 49 (4) 2 of the same Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution appears to have been actually used for other offences, and the fact that, even if it was not anticipated that it will be used for Bosing, it would have leased the approaching media with the awareness of the fact that it would be used for illegal days, such as tax evasion, etc., in view of the fact that it would have been used for other offences, and that it would have taken into account the history of the crime

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