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(영문) 전주지방법원 2017.05.02 2017고단308

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 access medium to any third person in using and managing the access medium.

On January 29, 2016, the Defendant transferred the access media by way of sending cash cards and OTP (Security Cards) connected to the Agricultural Cooperative Account in the name of the Defendant, the representative of the Defendant, to Kwikset service, from the front side of the agricultural cooperative branch in the agricultural cooperative city of No. 1933, Jan. 29, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Written complaints and statements of D;

1. Application of each statute on financial transaction details;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions (a point of transfer of an access medium) concerning the facts constituting an offense under the relevant Article of the Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between violations of the Act on Electronic Financial Transactions by Means of access);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. In light of Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, Etc. of the same Act, transfer of electronic financial transaction access media to others may cause damage to many and unspecified persons because it can be used for crime, and the account of the access media actually transferred by the Defendant was used for fraud, and the crime of this case is not good enough for the Defendant to establish a company to transfer its access media to that company’s account.

The favorable circumstances include the fact that the defendant recognizes all of the crimes of this case, and that the defendant has no record of criminal punishment due to the same kind of crime.

In addition to the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined as per Disposition.