beta
(영문) 대구지방법원 서부지원 2019.03.19 2018고단3081

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no one shall transfer the means of access to electronic financial transactions.

On December 2, 2017, the Defendant listened to the statement that “The Defendant would lend KRW 30 million to a person in charge of loaning bank, if the Defendant sent a e-mail card of the account to pay the loan fee,” and without securing any guarantee method for receiving the e-mail card from an unclaimed place on December 12, 2017 or on December 12, 2017, the Defendant sent the e-mail card in the name of the Defendant’s bank account (D) using the e-mail card to an unclaimed person using the e-mail card in the name of the Defendant.

Accordingly, the Defendant transferred the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of the details of transactions and replies statutes;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the choice of imprisonment;

1. As such, the act of transferring the means of access with the reason for sentencing under Article 62(1) of the Criminal Act can be abused as the means of other crimes, it shall be strictly punished, taking into account all the circumstances, including the following: (a) the account of this case was actually used for other crimes; and (b) the Defendant’s act of not re-offending while recognizing and opposing his/her mistake; (c) details of the crime; (d) the criminal records; (e) the criminal records; and (e) the prosecutor’s term of imprisonment (six months).