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(영문) 전주지방법원 2016.10.21 2016고단1224

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In using and managing the means of access, no one shall lend the means of access for the purpose of using such means of access.

Nevertheless, at around 13:22 January 18, 2016, the Defendant sent passbook, cash card, and passwords, which are electronic financial media connected to the national bank account (E) in the name of a limited liability company D, the Defendant registered as the representative, to manipulate the transaction performance in order to obtain loans from the National Bank in front of the National Bank located in Seocho-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. AF petition;

1. Official receipt;

1. Each report on internal investigation:

1. Application for new transaction in an account, confirmation of purpose of financial transaction, goods supply contract, certified transcript of corporate register, business registration certificate, data which open an account, and details of account transaction;

1. Article 49(4)2 and Article 6(3)3 of the former Electronic Financial Transactions Act (amended by Act No. 13929, Jan. 27, 2016) regarding criminal facts (the transfer of access media)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) the Defendant recognized all of the instant crimes; and (b) the Defendant has no record of having received criminal punishment for the same kind of crime.

The transfer of the means of electronic financial transactions to another person is likely to cause damage to many and unspecified persons because it can be used for fraud, such as scam, etc., the account of the means of access actually transferred by the defendant has been used for fraud, and the defendant commits the crime of this case during the period of suspended execution due to this type of crime.

The above circumstances and the Defendant’s age, character and conduct, environment, motive, means, and result of the crime.