beta
(영문) 서울중앙지방법원 2021.03.08 2020고단9109

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

On March 17, 2020, the Defendant established B and C as the representative of the Defendant, and on March 17, 2020, opened an enterprise bank account in the name of B at the branch office of the enterprise bank located in Mapo-gu World Cup 59, Mapo-gu Seoul, Seoul, and opened an enterprise bank account in the name of C at the branch office of the enterprise bank located in the name of 120 as the small and medium-gu Seoul, Jung-gu, Seoul, respectively. On March 17, 2020, the Defendant transferred B bank account in the name of B and the corporate bank account in the name of B and the corporate bank account in the name of C and each account connected to the passbook of the bank account in the name of C and each account.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on investigation into the police statement protocol with respect to F (No. 13 No. 540, Mar. 13);

1. Application of Acts and subordinate statutes on account transactions;

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. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act is against the defendant's confession of each of the crimes of this case, and the defendant has no record of crime exceeding the same criminal record and fine, the defendant's loan to the defendant, and there is no profit actually acquired after having committed the crime of this case as he belongs to the speech of a person without the name of the victim who gave the loan to the defendant. The transfer of access media to others like the crime of this case, like the crime of this case, is highly likely to impair the credibility of the safety performance of electronic financial transactions and use it as a means of other crimes, such as singing, etc., and there is a high need for punishment. The defendant'