beta
(영문) 부산지방법원 동부지원 2017.10.19 2017고단1127

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall transfer or acquire any access medium in using or managing any access medium under the Electronic Financial Transactions Act.

Nevertheless, on February 17, 2017, the Defendant heard the phrase that “the Defendant would make a loan after making a credit rating lower than that of entering and leaving a restaurant operated by the Defendant,” from his name in the restaurant operated by Busan Dong-gu, Busan, the Defendant, using Kwikset’s new cooperation account (C) and the Saemaul Treasury account (D), sent two physical cards connected to each other to Kwikset’s name and sent them to the above name in order to inform the password.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on financial account details;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions for the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Taking into account the following circumstances: (a) the reason for sentencing under Article 62(1) of the Criminal Act for the suspended sentence under Article 62(1) of the Criminal Act: (b) the victim of the phishing crime occurred due to the instant crime; (c) the Defendant had the record of the same kind of crime in the past; and (d) the Defendant was absent on

However, in full view of the fact that the defendant confessions and reflects the criminal facts, the fact that the defendant seems to have no direct benefit from the crime of this case, the fact that there is no record of the crime exceeding the fine, and other various sentencing factors shown in this case, the sentence is rendered as ordered.