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(영문) 인천지방법원 2019.10.16 2019고단5233

전자금융거래법위반

Text

A defendant shall be punished by imprisonment with prison labor for four months.

except that 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 a means of access used in electronic financial transactions.

Around May 10, 2019, the Defendant: (a) received a proposal from a person in secret name who misrepresents the consulting company’s staff in front of “Osan Station” located in Osan-si; (b) “I will pay KRW 1 million in return for the establishment of a physical card and password, as our company requires an account to save taxes.” (c) assigned one physical card connected to the Defendant’s name bank account (B).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to written statements of victims C;

1. Relevant Article of the Act on Criminal facts and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing [Determination of Punishment] General Crime in Violation of the Electronic Financial Transactions Act [Type 1] [No person subject to special punishment] (the scope of recommending area and the scope of recommending punishment] basic area, and April through October of imprisonment;

2. The act of transferring the means of electronic financial transactions with a sentence of sentence is highly likely to cause secondary injury, such as fraud, by opening the possibility of abusing the accounts linked to other persons for other crimes, and thus has great social harm and injury.

In fact, 6.9 million won was remitted to the account linked to the means of access that the Defendant transferred, and the means of access was used for telecommunications-based financial fraud by means of overseas settlement.

Even in 2016, the defendant has been punished by a fine for violating the Electronic Financial Transactions Act, but repeated the crime.

However, the number of means of access transferred by the defendant was limited to one.

The defendant was under poor family conditions, resulting in a crime, and there is no profit from the crime of this case.

The accused makes a confession of crime, and the accused has no criminal record of imprisonment or heavier punishment.

In full view of the above circumstances, the above circumstances are as shown in the Disposition.