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(영문) 인천지방법원 2018.06.07 2018고단3143

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

Punishment of the crime

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

In May 2016, the Defendant established a new bank account in the name of the said corporation (C) and transferred the passbook, etc. to the name in order to transfer the new bank account in the name of the said corporation to the name in the name in the name in question.

In March 2017, the Defendant sent a new bank passbook (E), cash card, security card, etc. connected to the passbook to his name in front of the defendant's house located in Nam-gu Incheon Metropolitan City, and attempted to send it to his name-oriented persons through Kwikset service.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A criminal investigation report (Attachment of materials submitted by the defendant);

1. A certified copy of the register, or a copy of an application for bank transactions on March 15, 2017;

1. Application of Acts and subordinate statutes on the details of financial transactions, certificates of confirmation of transfer, and replies to details of financial transactions;

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 suspended execution;

1. The Defendant’s crime of sentencing with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is not only a good crime but also a crime committed by opening a so-called “age-based corporation” account in collusion with his name-oriented persons, and transmitting an access medium connected thereto, and such crime also constitutes the basis for other serious crimes, such as phishing crimes, and social harm is very high.

B. As the Defendant committed the instant crime after undergoing a police investigation with respect to the access media that was transferred in 2016, it is highly likely to be subject to criticism.

However, the defendant's mistake and reflects his own mistake, and there is no record of the same crime.