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(영문) 서울서부지방법원 2017.08.30 2017고단1149

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall transfer any access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction in using and managing such access medium unless otherwise specifically provided for in any other Act.

Nevertheless, on December 15, 2016, the Defendant received a proposal that he would offer four physical cards in the name of the Defendant from a person who was in the name of the Defendant and agreed to do so, and then delivered four physical cards connected to the Defendant’s name to Kwikset Service Articles, which were sent to the SC Bank Deposit Account (C and D), the Bank Deposit Account (E) and the Enterprise Bank Deposit Account (F) around December 20, 2016 in the vicinity of Seoul, Jung-gu, Seoul, to the Defendant’s name.

Accordingly, the defendant would receive compensation and transferred the access media.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to G and H;

1. Report on internal investigation (the response to the bank account in the name of the defendant), investigation report (the details of transactions in the account of the company bank in the name of the defendant, the Korean bank account) and the application of statutes;

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. In light of the fact that a crime of transfer of an access medium to electronic financial transactions for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution becomes a means to facilitate other crimes against many and unspecified persons, such as Bosing, and that all the accounts offered by the Defendant have been actually used for the criminal of licensing, the crime is among the charges. However, the punishment is determined as ordered by taking into account the fact that the Defendant was the first offender and is divided, and other conditions of sentencing indicated in the record, such as the Defendant’s age, sexual behavior, environment, etc.