beta
(영문) 서울중앙지방법원 2018.07.26 2018고단3732

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

No person shall transfer any medium access to electronic financial transactions to any third person.

On January 29, 2014, the Defendant, at the Seoul East-gu District Prosecutors' Office, suspended indictment due to the violation of the Electronic Financial Transactions Act, and was aware that the employees of the Defendant issued access media, such as Kwikset cards, and used access media to the Defendant’s name-free crimes. However, on March 9, 2018, the Defendant was aware that the Defendant sent the check to the name-free person at the “C” restaurant located in Jongno-gu Seoul Metropolitan Government, “C,” and then transferred the access media to the Defendant’s name-free person through the Kwikset Service Articles.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Details of a warrant of search and inspection;

1. Application of the investigative report (Attachment of a written decision not to prosecute a suspect A), the application of the Act and subordinate statutes in charge of non-prosecution No. 3422, 2014, Seoul Eastern Prosecutor's Office;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the crime, the selection of punishment for the selective punishment, Articles 49 (4) 1 and 6 (3) 1 of the same Act, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The transfer of an access medium for electronic financial transactions can be used as a means of other crimes, and in fact, it is necessary to strictly punish the Defendant’s transfer of the access medium to electronic financial transactions. In this case, the Defendant re-offending the Defendant, even though the Defendant was suspended from indictment for violating the Electronic Financial Transaction Act at the Seoul East District Prosecutors’ Office on January 29, 2014, even if there was a timely re-off of the crime, and the Defendant did not compensate the victims of the Bosing: A favorable circumstance that is favorable to the fact that the Defendant recognized the Defendant to commit the crime, and is subject to criminal punishment.