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(영문) 수원지방법원 2017.05.16 2016고단8015

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall transfer or take over any access medium, or lend or take over any access medium in return for promising to receive any consideration.

Nevertheless, on June 2016, the Defendant transferred an account to a person with no name, and indicated in the instant indictment as “lending” but it is apparent that it is a clerical error in the “transfer”, and the Defendant recognized such fact by an investigative agency (Article 109 page of the evidence record), and even if it is corrected without changing the indictment, it does not seem that the Defendant would have any substantial disadvantage in exercising the Defendant’s right to defense, and thus, it shall be corrected ex officio.

On July 2016, one bank account (F) opened in the name of the defendant in the name of the defendant in the vicinity of Suwon-si, Suwon-si, Suwon-si, Suwon-si, which was established in the name of the defendant in the name of the defendant, was delivered to the person without the name of the defendant.

Accordingly, the Defendant transferred the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to investigation reports (the result of execution of a financial warrant 2016-3430);

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of transferring an access medium under the Electronic Financial Transactions Act for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is a means to facilitate other crimes against many unspecified persons, such as Bosing, etc. The Defendant’s transfer of access medium was actually used for the crime of fraud of lending, and the Defendant transferred the access medium to the account in the name of the juristic person after establishing a false juristic person.