beta
(영문) 대구지방법원 서부지원 2018.07.19 2018고단439

전자금융거래법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall transfer any access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction.

Nevertheless, on July 2017, the Defendant transferred to a person who was unable to know the name of his residence in the Ulsan-gu Jung-dong, Seo-gu, Seo-gu, a family distribution company, where the name of his residence in Ulsan-si could not be known, the Defendant transferred the access media, such as the Saemaul Treasury account (C) account number and the physical card and password associated therewith, to the Defendant’s home.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Receipts, such as remittance details;

1. Application of the statutes on search for seizure and verification of accounts under A and reply materials;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Strict punishment is required as it can be abused as a means of other crime, such as tax evasion, singing, etc., by transferring media access to the grounds for sentencing of Article 334(1) of the Criminal Procedure Act.

In fact, there was fraud damage related to the defendant's access media transferred by the defendant.

However, the defendant's mistake is recognized and reflected, and the defendant has no record of punishment for the same kind and the recent ten years or less shall be considered as a favorable condition.

In addition, the sentencing conditions, such as the defendant's age, sex, environment, motive, means and result of the crime, circumstances after the crime, family relationship, etc., shall be determined as the order.