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(영문) 서울남부지방법원 2017.09.22 2017고단3623

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

Nevertheless, the Defendant was asked to offer 9 million won if he transferred three physical cards from his name in order to obtain a proposal. At the end of March, 2017, the Defendant issued a new bank account (Account Number: D) with the name of the Defendant and a corporate bank account (Account Number: E, F) through Kwikset Co., Ltd., in front of the gas station in Guro-gu Seoul Metropolitan Government.

As a result, the Defendant transferred the physical card, which is a medium access to electronic financial transactions, to the name influence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes on transfer to each account;

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

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 (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, i.e., the act of illegally transferring the electronic financial transaction access media, such as the instant crime, requires to be strictly eradicated because it is highly likely to be misused for a serious social harm crime, such as scam, etc.

However, the defendant's act of committing the crime of this case reflects the wrongness, there is no specific criminal punishment other than the punishment of the fine for the crime of this case, and other circumstances such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc.