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(영문) 서울남부지방법원 2018.11.14 2018고단4456
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for four 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

No person shall lend any access medium with a promise to pay for the use and management of the access medium.

On April 1, 2018, the Defendant: (a) promised to provide Kwikset service articles with a personal bank account (B) in the name of the Defendant and a new bank account (C) by informing Kwikset service articles of the password’s personal account (B) and a new bank account (C) of the password’s personal identification number in return for less tax credit; (b) promised to lend the passbook to another person’s personal identification number on one account and return it after the use of the passbook for three months; and (c) on April 12, 2018, the Defendant lent the approaching medium by promising Kwikset service articles by informing Kwikset service articles of the password’s personal identification number on the top of the Seocho Truck Terminal located in Yangcheon-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written petition for DNA preparation;

1. Data response to financial transaction information;

1. Application of Acts and subordinate statutes to report internal investigation (the matters of telephone investigation under the nominal account holder);

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions (a point of lending an access medium) applicable to 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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act: The crime of this case is not likely to be committed by leasing the media that can be used for the so-called Bosing crimes or Internet fraud crimes.

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

shall not be deemed to exist.

The favorable circumstances: there is no record of criminal punishment against the defendant.

The above circumstances and the conditions of the sentencing indicated in the records and arguments of this case, such as the background leading up to the Defendant to commit the instant crime, the method and contents of the crime, the circumstances after the crime, and the age, sex, and environment of the Defendant.

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