beta
(영문) 서울동부지방법원 2018.09.20 2018고단2448

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal history] On June 16, 2017, the Defendant was sentenced to a suspended sentence of two years on April, 2018 for a violation of the Electronic Financial Transactions Act in the Vice-Support of the Incheon District Court, which became final and conclusive on June 20, 2018.

[Criminal facts] In using and managing access media, no one shall transfer or take over access media unless otherwise specifically provided for in other Acts.

Nevertheless, on January 2016, the Defendant transferred an industrial bank account (C) opened in his/her name in the vicinity of the department store, the OTP card related thereto, and the password of the official seal certificate to D in the field of the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of examination of the accused by the prosecution;

1. A trading statement;

1. Previous conviction: Application of a written reply to inquiry, such as criminal history, investigation report (A), investigation report (verification of the same criminal history as the suspect and the fact that the period of suspension of execution is in progress), reporting prior convictions and results

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions (the transfer of access media and the selection of punishment for imprisonment) concerning the facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act: The defendant has been punished for the same kind of crime several times; circumstances favorable to the defendant's use of the media of access to the instant case for fraud: The defendant misleads and reflects the defendant; circumstances of latter concurrent crimes; the defendant's age, sexual conduct, environment, family relationship, motive and consequence of the crime; and other circumstances shown in the pleadings of the instant case, such as the circumstances after the crime, etc., shall be determined as ordered by the order.