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(영문) 서울남부지방법원 2018.08.29 2018고단2204
전자금융거래법위반
Text

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

except that the execution of a sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium while receiving, demanding or promising to receive, demand or promise the consideration in using or managing any access medium of electronic financial transactions.

On January 8, 2018, the Defendant received a proposal from a nameless person to give three million won to the account to be used in the operation of the company, and consented to it. On January 8, 2018, the Defendant sent a physical card connected to the Saemaul Treasury (Account Number B) account in the name of the Defendant at the Yeongdeungpo-gu Office located in Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu, Seoul.

Accordingly, the Defendant promised to pay for the price and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. The written statement of the defendant;

1. Statement made by the police against C;

1. Written petition for the C Preparation;

1. A criminal investigation report (Submission of printed materials on screen by cutting down the Kakao Stockholm);

1. Application of the receipt statute

1. Relevant Article of the Act and Articles 49 (4) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions through which criminal facts are subject to the option of punishment (a point of lending access media and choice of imprisonment);

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act: The crime of this case is not likely to be committed by leasing the media that can be used for the so-called Bosing crimes or Internet fraud crimes.

The issue is that the access media, such as the physical card, lent by the defendant, actually used for the crime of fraud, causing monetary damage to the victim.

shall not be deemed to exist.

The favorable circumstances: there is no record of criminal punishment against the defendant.

In full view of the aforementioned circumstances and the circumstances leading up to the Defendant to commit the instant crime, the method and details of the instant crime, the circumstances after the commission of the crime, and other circumstances, including the Defendant’s age, sex, and environment, etc., and the sentencing conditions specified in the records and arguments, the punishment shall be determined as ordered.

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