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(영문) 전주지방법원 2017.01.13 2016고단2057

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment 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, on July 2016, the Defendant received a proposal from a person who was infinite name to “to create a passbook to receive a loan, and to obtain a loan of KRW 6 million if sending the passbook.” On July 2016, the Defendant transferred the access media to another person by transferring the access media, such as a passbook, physical card, security card, etc. connected to the agricultural bank bank account (C) opened in the name of the Defendant, the representative of the Defendant in front of the agricultural branch office located in the Dong-dong-dong-dong-dong-dong-dong-dong-dong-gun, around the street of the agricultural bank (C). < Amended by Presidential Decree No. 27773, Jul. 2, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Details of transfer transactions;

1. Application of Acts and subordinate statutes concerning a copy of an application for opening an account, a business registration certificate, a certificate of seal imprint, and

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 Competition;

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. Under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, Etc., a disadvantageous reason for sentencing, transfer of electronic financial transaction access media to another person may cause damage to many and unspecified persons because it can be used for fraud crimes, such as Bosing, etc. In fact, the account of the access media transferred by the Defendant was used for fraud crimes, and the crime of this case was committed by the Defendant by establishing a company and transferring the access media of the company’s account.

The favorable circumstances include the fact that all the defendants recognize the crime of this case and the defendant is the first offender.

In addition, the above circumstances and the Defendant’s age, sex, environment, motive, means and consequence of the crime, and after the crime.