beta
(영문) 대구지방법원 서부지원 2017.11.24 2017고단674

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

No person shall take over or transfer any deposit passbook or cash cards, etc. which are electronic access media, to give instructions on transactions in electronic financial transactions or to secure the authenticity and accuracy of users and transactions.

Nevertheless, around 15:00 on December 15, 2016, the Defendant issued a proposal that he will offer a borrowed-name account from a person in an infinite name in front of the subdivision-type C store located in Daegu Northern-gu, Daegu Northern-gu, and that he will send the physical card amounting to KRW 2,00,000 per month, and transferred the physical card of the new bank account (D) in the name of the Defendant through Kwikset service articles, and transferred the access media to notify the password.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on trading;

1. The applicable provision of Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act and the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 62 (1)