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(영문) 서울남부지방법원 2017.09.06 2017고단2398
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four 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

No person shall transfer or take over, or set up a pledge on, a cash card or a password used in the cash card which is an access medium in an electronic financial transaction, a user number registered in a financial institution, etc.

Nevertheless, on January 9, 2017, the Defendant received and consented to the proposal that “The head of the Tong-gu and the 600,000 won will be paid per day on the week when transferring the e-mail card” from the person who was in the name of the Defendant. On January 10, 2017, the Defendant issued and transferred the e-mail card total of the Defendant’s name-based bank (B) and the e-mail card account (C) to the person who was in the name of the Defendant through Kwikset-dong, Yeongdeungpo-gu, Seoul around January 10, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A certificate of deposit checking;

1. Application of the respective Acts and subordinate statutes of D and E;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was actually used for other crimes, and even if it was not anticipated that the words would be used for licensing, it appears that the approaching media would be leased with the recognition of the circumstances that the words would be used for illegal work, and the circumstances leading to the crime, the method and means of the crime, the records of the crime (five times before and after the crime), the circumstances after the crime, and other circumstances after the crime, etc., shall be determined by taking into account the sentencing conditions, and the community service order shall be added.

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