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(영문) 서울남부지방법원 2017.03.28 2016고단6300
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Criminal facts

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 September 6, 2016, at around 16:40, the Defendant received a mobile phone text message stating that “A company D, which is a company specialized in the lease of heavy equipment, will be paid from KRW 2,00,000 to KRW 6,000 when lending an individual account to the account with the purpose of tax reduction or exemption,” from the name-based person, and then lent two physical check cards to the above name-based person and receive 4,00,000 won from the above name-based person, and around 14:00 of the same month, the Defendant received the request from the above name-based person in the vicinity of the above C and received the price for each electronic financial transaction from the Kwikset service engineer who was found at the request of the above name-based person in the name of the Defendant to the new bank account (F) and the national bank account (G) account under the name of the Defendant, and then deliver the password to the above name-based person, and then notify the person of the password to each electronic financial transaction.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. The application of Acts and subordinate statutes on the details of new bankF account transactions and the details of account transaction in the National Bank G account;

1. Article 49 (4) 2 and Article 6 (3) 3 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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The act of lending the access media with the reason for sentencing Article 62-2(1) of the Social Service Order Criminal Act, such as the instant crime, imposes property damage on many unspecified victims, such as Bosing, etc.

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