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(영문) 서울남부지방법원 2018.06.15 2018고단927
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall transfer or take over any access medium, or lend or take over any access medium in return for promising to receive any consideration.

On February 12, 2018, the Defendant received letters from any person whose name is unknown, and lent a medium of access to the account to acquire 700,000 won a day, and received cash at the time, and sent the check card to the national bank account (D) opened in the name of the Defendant at the address designated by the Defendant in Incheon Southern-gu B, and notified the password by a mobile phone text message.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer concerning E, F, G, H, and I;

1. Application of the Acts and subordinate statutes for investigation reporting;

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 chosen, and Article 6 (3) 2 of the same Act ( comprehensively, the choice of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the protection and observation, the reasons for sentencing under Article 62-2 of the Social Service Order Act, the number and contents of the instant crime, the criminal records of the Defendant, etc., and the attitude against the Defendant, etc., taking into account the Defendant’s reflective attitude, etc., the sentence identical to the order shall be imposed by comprehensively taking into account all the factors of sentencing recorded in the records, such as the Defendant’s age, sex, environment, family relationship, circumstances after

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