beta
(영문) 대구지방법원 서부지원 2019.03.15 2018고단1779

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall transfer or acquire a means of access for electronic financial transactions.

Nevertheless, around November 20, 2017, the Defendant, through a mobile phone, received a communication from a person without a personal name, to the effect that “it is possible to borrow a loan by accumulating the account transaction performance, and the physical card and password are required in order to grant a loan,” and sentenced the Defendant to transfer the Defendant’s account.

Although the Defendant was aware of the fact that the crime of fraud using another person’s account was character and conduct and that there was no case of requesting the means of electronic financial transactions to obtain a loan, the Defendant did not know the information of the company subject to the loan, the other party’s personal information, the purpose of using the check, and the specific method of getting back the check. On November 23, 2017, the Defendant sent the check card connected to the D (E) account under the name of the Defendant at the office of “C” located in Jung-gu, Daegu-gu, Daegu, through Kwikset Service, and provided the means of electronic financial transactions to the nameless person by informing the password to the cell phone.

Accordingly, the Defendant transferred the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The document of F;

1. Application of Acts and subordinate statutes concerning specification of transactions;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the choice of imprisonment;

1. In full view of all the circumstances, including the fact that the act of transferring the means of access for sentencing under Article 62(1) of the Criminal Act can be abused as a means of other crimes, it shall be strictly punished. The fact that the account of this case was actually used for other crimes, and the Defendant’s act of not repeating the crime by recognizing and opposing his/her mistake, the circumstances leading up to the crime, criminal records (which may be subject to a fine of this kind), and the prosecutor’s life penalty (one year of suspended sentence for six months).