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(영문) 서울서부지방법원 2017.04.26 2016고단3618
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above 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 any other Act, no one shall lend any access medium to give instructions on transactions in electronic financial transactions or to use and manage any access medium used to secure the authenticity and accuracy of users and the details of transactions.

Nevertheless, on October 2016, the Defendant promised that “I would have a bank transaction performance for lending, so I would like to get a loan by increasing the details of the deposit and withdrawal transaction,” from a person in the name of a police officer, and around that time, I sent two physical cards connected to the Defendant’s bank account (C) and one bank account (D) in the post office near the Defendant’s residence located in Eunpyeong-gu Seoul Metropolitan Government, using registered mail.

As a result, the Defendant promised to receive intangible expected profits that can receive future loans by raising the bank transaction performance through the details of false deposit and withdrawal transactions, and lent a medium of access to the name-oriented persons.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes of the bank transaction document (SC bank), reply to a request for the details of financial transactions (KSB bank), customer transaction information inquiry, bank transaction statement by account, bank transaction statement by account, and bank transaction statement by account;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant has already been punished for the same kind of crime, but again commits the crime in this case, the defendant's mistake is recognized and the defendant does not repeat again, and the circumstances leading to the crime in this case, and after the crime.

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