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(영문) 서울남부지방법원 2018.05.23 2018고단768
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

except that the execution of a 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.

On November 15, 2017, the Defendant would send KRW 10 million after checking if he/she lends three accounts to Kakaox from a person in unsound name named as “B Company C’s agent.”

“After receiving the proposal of “,” and accepting it, around 20:00 on the same day, each physical card and password connected to the Defendant’s name bank account (D), Cmat Bank account (E), and new bank account (F) were sent through Kwikset Service Articles and the account number was given to Kwikset to Kwikset.

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

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. A written petition for the G production;

1. Investigative reports (data response to the National Bank A) and replies to requests for provision of financial transaction information;

1. Data on investigation reports (data on response to the account A of the Weather Bank) and replies;

1. Details of transactions of deposits and withdrawals;

1. Inquiries about account transactions;

1. Application of Acts and subordinate statutes for written confirmation of transfer transactions;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions (a point of lending an access medium) applicable to 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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act: The crime of this case is not likely to be committed by leasing the media that can be used for the so-called Bosing crimes or Internet fraud crimes.

In the case of a part of the check that the Defendant used the access media, such as the check card, in fact for the fraud crime, and lent, the case is less than that in that the fraud damage occurred.

shall not be deemed to exist.

The favorable circumstances: The defendant has the power to be subject to criminal punishment.

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