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(영문) 수원지방법원 안산지원 2018.09.12 2018고단2441

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

Except as otherwise provided for in any other Act, no person shall transfer any access medium in using and managing access medium for electronic financial transactions.

Nevertheless, on April 2018, the Defendant promised to receive KRW 2 million in return for the transfer of passbook from a person who was deceased in the name of the first police officer, and then, the Defendant transferred the head of the Tong, etc. in a manner that puts the head of the Tong, the check card, the OTP producer, and the password connected to the bank deposit account (C) in the name of the Defendant in the name of the Defendant, and received cash KRW 2 million in return for the transfer of passbook from a person who was in the name of the deceased in the street near the steel basin.

Accordingly, the defendant transferred the access media to electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the B Bank Transaction Details (A) legislation;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the crime, the selection of punishment for the selective punishment, Articles 49 (4) 1 and 6 (3) 1 of the same Act, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing conditions under Article 62-2 of the Social Service Order Criminal Act, including Defendant’s age, sexual behavior, family relationship, motive for crime, etc., shall be comprehensively taken into account and determined as ordered by the order.

- Unfavorable circumstances: The fact that there are no profits from crimes; the fact that the account of the defendant was utilized for the crime of fraud; the fact that the account of the defendant was led to confession and reflect; the fact that there was no criminal record exceeding the same criminal record or fine; and the defendant's guidance was taken.