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(영문) 서울남부지방법원 2017.05.17 2017고단1250
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, borrow or lend any access medium, or store, deliver or distribute it while demanding or promising to receive any access medium or pay any consideration.

The Defendant is entitled to KRW 2 million per account from a person who refers to “B employee of a liquor company” to “a person who leases an account”.

“On the proposal,” around November 24, 2016, around 15:00, through Kwikset Service Articles, through which it is impossible to identify the personal information as to whether or not the physical card, password, and the account number, connected to the post office account (D) in the name of the Defendant at Gangseo-gu Seoul, Gangseo-gu, Seoul.

Accordingly, the defendant promised to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of E;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected and Article 6 (3) 2 of the same Act (Selection of imprisonment);

1. The act of transferring the media access to the grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is disadvantageous to the Defendant, such as the fact that the act of transferring the media undermines the general trust of the society with respect to the person under the name of financial transaction and makes it possible to commit so-called phishing crimes, and the fact that the Defendant actually committed a crime using the access media.

However, the punishment shall be determined as ordered in consideration of the fact that the defendant has no record of punishment for the same offense or punishment, the fact that the defendant is against his/her will, etc., and other favorable circumstances, such as the age, sex, environment, etc. of the defendant, and the sentencing conditions specified in the records.

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