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(영문) 서울남부지방법원 2018.06.15 2018고단883
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

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium or distribute, keep and deliver any access medium while demanding, demanding, or promising to provide, demand, or promise the compensation.

The defendant will lend a physical card from a person who has no name to his/her name to the third party.

“After receipt of a proposal and consent, at around 18:00 on November 28, 2017, “a physical card, linked to the Defendant’s parent-child bank account (C) and was managed by the Defendant on the street in front of the exit 1 located in the iron farm located in the iron farm,” was leased the access media to the selective engineer, promising to pay the price in fluor.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Written petition for DNA preparation;

1. A deposit statement (Korean bank account in the name of D);

1. Application of Acts and subordinate statutes requesting financial transaction details;

1. Relevant Article of the Act and Articles 49 (4) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions through which criminal facts are subject to the option of punishment (a point of lending access media and choice of imprisonment);

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.

The issue is that the access media, such as the physical card, lent by the defendant, actually used for the crime of fraud, causing monetary damage to the victim.

shall not be deemed to exist.

The favorable circumstances: The defendant shows the appearance of reflecting the defendant's mistake.

To avoid repeating the crime

There are many things.

There is no record of criminal punishment exceeding the fine against the defendant.

In full view of the aforementioned circumstances and the circumstances leading the Defendant to commit the instant crime, the method and content of the instant crime, the circumstances after the commission of the crime, and other circumstances, including the Defendant’s age, sex, and environment, etc., as well as the sentencing conditions indicated in the instant records and arguments.

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