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(영문) 서울남부지방법원 2016.10.12 2016고단3841
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall receive the promise to receive and lend any means of access used in electronic financial transactions.

1. Around 20:00 on June 2, 2016, the Defendant: (a) promised a person, whose name is not known, to receive at least KRW 100,000 per head of the Tong-dong, two passbooks, check cards, passwords, and OTP cards, each of which are held in the name of the Defendant, and lent the means of access to the State-owned Financial Institutions, by promising the person, whose name is not known, to receive at least KRW 100,000 per head of the Tong.

2. On June 3, 2016, at the same place as the preceding paragraph, the Defendant, at around 20:30 on June 3, 2016, lent the means of access to a financial institution by promising a person, whose name is unknown, to receive at least 10,000 won a day per head of a Tong, two passbooks, check cards, passwords, and an OTP card, respectively, on the account of community credit cooperatives account (Account Number D) and national bank account (Account Number E) in the name of the Defendant, to put them in the storage of the goods on the exit of the page 4 in the saltline, and to notify the serial number and password of

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

1. Provision of financial transaction information;

1. Details of remittance;

1. Financial transactions with the principal;

1. Details of transactions by account;

1. Statement of transactions by account;

1. Application of Acts and subordinate statutes on deposit transactions;

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

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is a very dangerous crime that could cause considerable damage by facilitating the commission of other crimes using the means of access, such as the instant crime.

In fact, the means of access that the defendant has lent.

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