beta
(영문) 수원지방법원 여주지원 2018.02.23 2017고단1522

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall transfer or acquire any access medium used for electronic financial transactions, except as otherwise expressly provided for in any other Act.

Nevertheless, on July 17, 2017, the Defendant is obliged to issue an account to receive the allowance in return for the new export agency in front of the old apartment house set up in E-mail, 83-60, Giju-ro, Giju-ro, Giju-ro, Do.

“Along with the fact that the Defendant received a proposal from a person without his name, “Along with the full recognition of the fact that the account transferred by the Defendant was used on an illegal day and that it would be difficult to receive a return of the access medium,” the Defendant sent an OTP card connected to the NAC under the name of the Defendant via Kwikset’s service, and then, notified the person without name of the password, Internet banking ID and its password, and received a certificate of official seal under the name of the Defendant directly.

Accordingly, the defendant transferred the access media used for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes on new data of the Agricultural Association;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentence of the same sentence shall be imposed in full view of the favorable circumstances, such as the use of the access medium transferred by the defendant for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act for fraud, and the considerable damage to the victim therefrom, and the circumstances without any record of criminal punishment, etc.