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(영문) 서울남부지방법원 2018.11.14 2018고단3325
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for a period of five 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

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising to receive, demand or promise the consideration in using or managing any access medium of electronic financial transactions.

On May 21, 2018, the Defendant: (a) heard that, in the vicinity of the Busan Special Metropolitan City, 09:30 through 10:00, the Defendant used the above physical card from the due date of cash withdrawal to the due date; (b) obtained a credit card from a name-free box (title C) known only to the computer driving institute in the past; and (c) subsequently, “to obtain a loan later, the Defendant shall accumulate a large number of credit card records and raise credit rating.” (d) one copy of the physical card connected to the new bank account (D) in the name of the Defendant; and (d) obtained a credit card from the due date of cash withdrawal to the due date, the Defendant returned from the due date of cash withdrawal to the due date; and (d) received the above physical card from the due date of cash withdrawal to the due date, and then received the above name-free person from the due date of name-free on November 21, 2012 to 100,000 won from the above name-free Seoul Special Metropolitan City.

Accordingly, the defendant received compensation and lent the approaching media.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. A copy of the petition filed by the victim;

1. Application of a new bank account (D) transaction details to A;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;

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

1. The reasons for sentencing under Article 48(1)2 of the Criminal Act include: (a) the access media that the Defendant lent to the reason for sentencing is actually used in the licenseing crime; (b) the damage has not been recovered; (c) the primary offender that the Defendant had no criminal record; (d) the Defendant’s health is not good; and (e) the Defendant’s age, sex, environment, and crime.

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