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(영문) 전주지방법원 2017.04.26 2016고단2034

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

No person shall transfer any access medium used in electronic financial transactions.

Nevertheless, the Defendant: (a) heard the horses that “I will open an account in the name of a juristic person after registering the juristic person; and (b) registered a limited company C in the name of the Defendant; (c) opened an agricultural bank account in the name of the said juristic person under the name of the said juristic person; (d) opened the agricultural bank account in the name of the said juristic person on May 1, 2016, and delivered the passbook, check card, etc. of the said account to the Buddhist bus terminal located in 470, Seojin-gu, Seojin-gu, Seoul Special Metropolitan City on the first day of May 2016, through high-speed bus terminals, which are located in 470, Seojin-gu, Seoul Special

Summary of Evidence

1. The defendant's legal statement (the date of the second public trial shall be the date);

1. Each statement of E and F;

1. Application of Acts and subordinate statutes on the details of deposit and withdrawal transactions and the details of deposit and withdrawal transactions to the photographs and details of financial transactions;

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

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) are against the Defendant’s recognition of the instant crime and the mistake, and the fact that the Defendant has no record of being punished for the same kind of crime are favorable to the Defendant.

However, the act of transferring the electronic financial transaction access media without permission is very likely to infringe the reliability of the safety performance of the electronic financial transaction and cause secondary damage due to the use of the crime, and the account of the access media transferred by the defendant was used for fraud.

In addition, since the defendant establishes a corporation that is the representative of the defendant without the intention to actually establish and operate the company and transfers the electronic financial transaction access media connected to the account in the name of the corporation, there is a lot of need to punish the defendant.

These points are disadvantageous to the defendant.

Other provisions of Article 51 of the Criminal Act.