beta
(영문) 서울북부지방법원 2015.06.19 2015고단1197

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

No one shall transfer or acquire from any other person any means of access, such as a cash card and its password, which are means or information used to make a transaction request or to secure the authenticity and accuracy of users and the details of such transaction.

1. On December 18, 2013, at the vicinity of Dobong-gu Seoul Metropolitan Government, the Defendant received two copies of passbooks, which are the means of access in the name of national bank account (Account Number C) and the Agricultural Cooperative Account (Account Number D), and issued them to E around that time.

2. On November 2, 2014, the Defendant received two copies of the passbook from F, which is the means of access to the new bank account (Account Number G) and the new cooperative account (Account Number H), from F, on the front of the Japanese officetel in front of the Gyeonggi-si Office Office of Government, and received delivery of KRW 400,000 from F around that time.

Accordingly, the Defendant acquired a total of eight means of access from others on two occasions, and transferred it to others.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation (in addition to the victim F-related investigative documents and investigation intelligence report, etc.);

1. A copy of the protocol of examination of suspect against F (Evidence No. 4);

1. Application of Acts and subordinate statutes on police statement No. B

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (mutual between the national bank account in the name of B and the agricultural bank account, and between the credit bank account in the name of F and the credit bank account);

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent offenders, the transfer of the means of access for electronic financial transactions with reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is not only to impair the order of financial transactions, to impede the construction of a credit society, but also to commit crimes such as Bosing and illegal gambling, so it is highly necessary to punish the Defendant.