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(영문) 서울남부지방법원 2018.10.12 2018고단2886
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor 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

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or keep, deliver or distribute such medium, with respect to the use and management of any access medium.

Nevertheless, at around 14:00 on March 28, 2018, the Defendant borrowed a physical card for three days from a person who is in secret name in front of the Sungdong-gu Seoul Metropolitan City, Yeongdeungpo-gu, Seoul.

“ Upon receipt of the proposal,” sent the physical card 1 and password, linked to the new bank B account in the name of the Defendant, to a person with no name, through Kwikset Services, and lent the access media in return for consideration.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the police statement protocol law to C

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act was that the Defendant actually committed the following offenses: (a) although there was no criminal record other than the one-time fine, confession, and penure against the Defendant; and (b) other circumstances indicated in the instant records and arguments, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the commission of the crime; and (c) the circumstances after the commission of the crime.

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