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(영문) 서울남부지방법원 2017.08.30 2017고단3148
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 became final and conclusive.

Reasons

Punishment of the crime

No person shall transfer or take over any access medium, borrow or lend any access medium, or store, deliver or distribute it while demanding or promising to receive any access medium or pay any consideration.

On March 20, 2017, the Defendant lent three heads of Tongs to the Defendant on March 20, 2017.

“On April 4, 2017, at around 13:00 on April 4, 2017, the Plaintiff sent each physical card linked to the Defendant’s name’s bank account (B), our bank account (C), and new bank account (D) to Kwikset service article and then sent the password to Kwikset.

Accordingly, the defendant promised to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of E, F, G, H and I’s petition;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the act of transferring an access medium, such as the Defendant’s main crime for sentencing under Article 62(1) of the Suspension of Execution Act, is disadvantageous to the following: (a) the act of transferring the same as that of the Defendant’s main crime, undermining the general public’s confidence in the name of the financial transaction, enabling the so-called “phishing

However, the fact that the defendant is against the beginning offender is considered as favorable circumstances, and the sentencing conditions in the records, such as the age, sex, environment, etc. of the defendant, shall be determined as ordered in consideration of the sentencing conditions shown in the records.

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