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(영문) 서울북부지방법원 2018.06.15 2017고단4856
전자금융거래법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall lend any access medium to any third party for the purpose of using and managing access medium used in electronic financial transactions.

Nevertheless, on June 26, 2017, at around 17:00, the Defendant received a proposal from a person without his/her name to “be used for three days on the face of leasing an account,” and then sent it to F, which requires the Defendant to put the physical card connected to the bank E account opened in the name of the Defendant into the box, and to the demand of the said person without his/her name.

Accordingly, the defendant promised to pay the price and lent the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of statutes concerning the Kakao dialogue content by dividing the recruitment books between A and Band Band Band B;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. The grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence include the fact that the defendant has been punished for the same kind of crime, the age, sex, intelligence and environment of the defendant, the motive, means and consequence of the crime, and the circumstances after the crime, etc. shall be determined as the same as the order;

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