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(영문) 서울남부지방법원 2018.11.21 2018고단4745
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

On November 1, 2016, the Defendant sent a physical card and an OTP to the bank account (E) in the name of the limited company D, using Kwikset Service at the Defendant’s office located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, to a person who is unable to know the name, and transferred an access medium to notify the password.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written statement;

1. A copy of the F Document;

1. Search and seizure warrant and reply data (personal information about customers regarding limited liability companies D, an application for a transaction, a business registration certificate, a full certificate of registered matters, a deposit transaction record certificate, and detailed information on the transfer of Internet banking, etc.);

1. A certificate of all registered matters;

1. Application of Acts and subordinate statutes on trading specification lists;

1. Relevant Article of the Act and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which criminal facts are subject to the option of punishment (the transfer of access media and the choice of imprisonment with prison labor);

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution is not likely to be committed by transferring the access media that can be used for the so-called Bosing crimes or Internet fraud crimes.

The criminal liability is heavy to establish a corporation without the intention of operating the corporation and to open and transfer the account in the name of the corporation.

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

shall not be deemed to exist.

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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