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(영문) 대전지방법원 천안지원 2018.06.21 2018고단1146

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall transfer or acquire a password necessary for the use of an electronic card or an electronic card, which is a medium access to electronic financial transactions, or a user number, etc. registered with a financial institution or an electronic financial institution, or establish a pledge.

Nevertheless, on March 23, 2018, the Defendant withdrawn KRW 50 million from a person who was in a false name and deposited it into another head of the Tong and paid KRW 500,000 per day.

First of all, the bank account number and password that can be deposited are transferred to the recipient of the proposal to acquire the cash by transferring the access medium to the financial account, and around 14:00 of the same month, the bank card, etc., which is the access medium of the national bank account (B) in the name of the defendant, was presented to the person without the name, in front of the 924 Suwon-si, Suwon-si, Suwon-si, 14:00 of the same month.

Accordingly, the Defendant transferred the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on remittance receipts;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: It is necessary to strictly punish the transfer of the access medium for electronic financial transactions as a means of other crimes. In reality, even in this case, the circumstances in which the access medium transferred by the defendant was used for the crime of fraud: The defendant's age, sexual behavior, environment, motive, means and consequence of the crime, etc. are recognized and reflected, and the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, etc. are determined as ordered by taking into account the circumstances before and after the crime.