beta
(영문) 의정부지방법원 2016.11.16 2016고단4188

전자금융거래법위반등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On August 6, 2013, the Defendant violated the Electronic Financial Transactions Act, with knowledge of the fact that he/she could be used for scaming crimes by issuing a 300,000 won per scam card, etc. from a person who was unaware of his/her name, the Defendant transferred the ccam card, one and the password connected to the account of the community credit cooperatives (B) in his/her name, in front of the 39-ro of the member-gu in the Gyeonggi-si, Gyeonggi-si, the Defendant transferred the kwikset Service Oba article with knowledge that he/she could be used for scaming crimes.

2. The Defendant transferred physical cards, etc. as above at the same time and place as set forth in the foregoing paragraph (1). Accordingly, on August 6, 2013, the name indisscamist acquired the victim’s account information from the victim C who had access to the phishing site at around 23:00 on August 6, 2013, and then transferred KRW 390,565 from the victim’s account to the Defendant’s account by entering the victim’s account information without authority.

Accordingly, the defendant assisted and aided the defendant to acquire economic benefits by inputting information without authority into the data processing device, such as computer, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police statement;

1. Details of financial transactions, details of transfer transactions, details of account transactions, and application of Acts and subordinate statutes to each written application;

1. Relevant legal provisions concerning criminal facts, Articles 49(4)1, 6(3)1 (a) of the Electronic Financial Transactions Act (in cases of transfer of access media), Articles 347-2 and 32(1) of the Criminal Act (in cases of aiding and abetting by Use of Computer, etc.), the selection of imprisonment for each type of punishment;

1. Article 32 (2) and Article 55 (1) 3 of the Criminal Act (with respect to the crime of aiding and abetting by Use of computers, etc.) to be mitigated legally;

1. Of concurrent offenders, the Defendant on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act shall be punished by a fine of KRW 2.5 million on May 9, 2013 due to the violation of the Electronic Financial Transactions Act by the means of access transfer.