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(영문) 대구지방법원 서부지원 2018.10.17 2017고단1649

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2] On May 28, 2010, the Defendant was sentenced to three years of imprisonment for rape at the Daegu District Court, and completed the execution of the sentence at the Daegu District Court on November 8, 2012. On July 24, 2014, the Daegu District Court sentenced the Defendant to six months of imprisonment for a violation of road traffic law (drinking) at the Daegu District Court on August 1, 2014, and the judgment became final and conclusive on August 29, 2016. On November 29, 2016, the same court was sentenced to six months of imprisonment for a violation of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, Etc., and the judgment became final and conclusive on December 7, 2016.

[Criminal facts] In using and managing access media under the Electronic Financial Transactions Act, no one may transfer access media unless otherwise specifically provided for in other Acts.

1. On April 2013, the Defendant transferred a passbook to the Agricultural Cooperative Account (P) and a cash card connected thereto under the name of the Defendant, and notified the password to the Defendant.

2. On May 2013, the Defendant transferred a passbook to the account in the name of the Defendant (Account Number: Q) and a cash card connected thereto to the account in the name of the Defendant, and informed the Defendant of the password.

3. On June 11, 2013, the Defendant transferred a passbook in the company bank account (R) under the name of the Defendant to O and a cash card connected thereto to the account in the name of the Defendant, and informed the password.

4. On June 2013, the Defendant transferred three (Account Number S) passbooks and cash cards connected thereto to the name of the Defendant to O in the insular area of Bupyeong-gu, Daegu, Seo-gu, and then notified the Defendant of the password.

5. On January 22, 2014, the Defendant transferred a passbook in the name of the Defendant and a cash card connected thereto to the passbook in the name of the Defendant (Account Number: T) and informed the password to the Defendant.

Accordingly, the Defendant transferred the access media under the Electronic Financial Transactions Act to another person on five occasions.

Summary of Evidence

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