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(영문) 서울남부지방법원 2017.11.08 2017고단3439
전자금융거래법위반
Text

The sentence of sentence shall be suspended for the defendant.

order the accused to be protected and observed.

Reasons

Punishment of the crime

No person shall borrow or lend, or store, deliver or distribute any access medium necessary for electronic financial transactions while receiving, demanding or promising any consideration therefor.

Nevertheless, on January 31, 2017, the Defendant was offered to offer money from a person who is not the name of the Defendant to lend the passbook. On January 31, 2017, the Defendant promised to receive KRW 200,000 per month from the front of the Hansung apartment, Yeongdeungpo-gu Seoul Metropolitan Government, to receive KRW 769-1,00,000 per month from the loan fee, and delivered the physical card connected to the post office C account in the name of the Defendant to Kwikset through Kwikset’s service.

As a result, the Defendant promised to receive the access media necessary for electronic financial transactions in return for payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Personal information on financial information;

1. Application of Acts and subordinate statutes about details of financial transactions;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Penalty fine of 2,00,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act of the suspended sentence;

1. The Defendant’s reasons for sentencing under Article 59-2 of the Criminal Act for the observation of protection and observation reflects the Defendant’s deep depth, and is an initial offender who has no record of committing a crime.

It supports a baby who has a mental illness, a mother with a mental illness, and a baby who is a high school student.

It is so decided as per Disposition in consideration of the above circumstances.

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