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(영문) 대구지방법원 2016.03.31 2016고단484

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall transfer any means of access for electronic financial transactions.

Nevertheless, around 15:00 on July 29, 2015, the Defendant accepted the Kakao Stockholm message to the effect that “The account to be used by the company is necessary, and there is a need to reduce taxes from the company,” and that “on the face of the transfer of the passbook, one million won shall be given to the national bank account in the name of the Defendant,” and then sent it to the above person under the name of the Defendant using Kwikkset’s passbook, C, and C, which are linked to the national bank account in the name of the Defendant.

Accordingly, the Defendant transferred the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A certificate of account transfer and a statement of account transfer;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

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

1. The crime of this case with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is that Defendant transfers the access media under the Electronic Financial Transactions Act, and such act not only damages the reliability of the safety performance of electronic financial transactions, but also has an adverse impact on society, such as mass production of a number of victims by using the so-called Bosing, etc.

However, in light of various circumstances, such as the Defendant’s confession of the instant crime, which reflects his mistake, the Defendant has no criminal record of the same kind of criminal record or suspension of execution, and the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, and the circumstances after the instant crime, etc., the punishment as ordered shall be determined by taking into account the following circumstances.