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(영문) 서울남부지방법원 2017.05.17 2017고단313
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall transfer or take over any access medium, such as an electronic card, which is used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of the users and the details of the transaction, or lend or lease any access medium or keep, deliver or distribute such medium by receiving, demanding or promising any consideration.

On July 6, 2016, the defendant, at the residence of the defendant B of Gangseo-gu Seoul Metropolitan Government on July 6, 2016, intends to borrow another person's account to reduce or exempt taxes.

The same month in which a person receives a mobile text message stating that he/she will pay 400,000 won for a single-time use, and promises the person under whose name he/she received the mobile text message to lend a physical check to the person under whose name he/she is not entitled to receive fees;

7. Kwikset service article, who was found at the request of the above person without his name in front of the Defendant’s residence, sent the physical card to KEB account (C) in the name of the Defendant to the above person with a paper paper stating the password, thereby making it delivered to the above person with the above name in return for payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to inquiries as a result of transfer;

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. On the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution, lending the access media as in the instant crime with the reason of sentencing under Article 62(1) of the Criminal Act can be used for the crime such as Bosing, etc., and considering the fact that the Defendant appears to have actually committed fraud using the access media, the crime’s nature is not somewhat weak.

However, the sentencing conditions shown in the records and arguments are as follows: the defendant led to his mistake and reflects, there is no past record of criminal punishment, and there is no record of criminal punishment before.

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