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(영문) 서울남부지방법원 2018.04.11 2017고단5466
전자금융거래법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of three 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 of the 2017 Highest 5466 shall lend or lend any access medium with the receipt, demand or promise of compensation.

On June 12, 2017, the Defendant would lend 80,000 won per day the head of the Tong which he/she used to be a liquor company from his/her name-free person in the name-free place in the morning.

Around 14:00 on the same day, at around 14:0, the Defendant’s name bank (C) was sent to Kwikset service article who sent the above name-based card to Kwikset service article, and then lent its access media.

The Defendant, around November 28, 2017, 201, 202:02:01, at “EPC room” located on the Gangseo-gu Seoul Metropolitan Government and the 1st underground floor, the Defendant stolen the Victim F, a customer, with a 150,00 won of the market price, which was on the victim’s PC table, located on the PC table, 72 p.m., 1,50,00 won, 3,00 won in cash on the ground, one resident registration certificate, one driver’s license, and one credit card.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the statement made to G by the police;

1. A written statement;

1. Application of Acts and subordinate statutes of a transfer confirmation certificate;

1. Relevant legal provisions concerning criminal facts, Articles 49(4)2, and 6(3)2 (a) of the Act on Electronic Financial Transactions through which punishment is selected (a point of lending an access medium), Article 329 (a point of intention) of the Criminal Act, and Article 6(3)2 of the same Act concerning the selection of imprisonment for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing in Article 62-2 of the Criminal Code for the observation of protection and observation lies in the fact that the defendant actually suffered from singishing damage due to the transfer of the defendant's access medium for sentencing, the defendant confessions each of the crimes of this case and reflects the defendant, the damage from larceny in the judgment was returned to the victim, the records of the crime of the defendant, the defendant's age, sexual conduct

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