beta
(영문) 수원지방법원 안양지원 2019.06.18 2019고단449

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On November 16, 2018, the Defendant was sentenced to imprisonment with prison labor for not less than one year and six months for the crime of attempted quasi-rape in Gyeyang Branch of the Suwon District Court, and the said judgment became final and conclusive on February 9, 2019.

【Criminal Facts】

No person shall deliver a means of access used in electronic financial transactions while demanding, demanding or promising the payment.

Nevertheless, on June 12, 2018, the Defendant, upon receipt of a proposal from a person under whose name the account was opened, received KRW 200,00 won a week from the person under whose name the account was not opened. On June 12, 2018, the Defendant opened a bank account in the name of B Bank in the name of C (D) by using the NA-based corporate documents, corporate specifications, power of attorney, etc., and sent the means of access to the financial institution through the passbook and its connected check, OPT card, password card, and password Kwikkkset’s service. On August 1, 2018, the Defendant opened a bank account in the name of F (G) in the same manner as the account in the name of F (G), and sent the means of access to the financial institution through the passbook and its connected check, OPT card, password card, Kwikkset service.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A copy of the I;

1. Data on a warrant of search, seizure, and verification of warrant (e.g., details of transactions in entry into and departure from the E bank), and reply data (B bank);

1. Previous convictions in judgment: The results of inquiry and the application of Acts and subordinate statutes of investigation reports;

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent offenders, the delivery of the means of access to sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act not only undermines the stability and trust of electronic financial transactions, but also providing other means of crime, such as singinging, so social harm is serious.