beta
(영문) 전주지방법원 2017.01.20 2016고단2141

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 person shall transfer any access medium used in electronic financial transactions.

Nevertheless, the Defendant listened to the statement that “I would make a loan from a person without original duty, but I would make a business operator to raise credit rating of up to five million won by raising credit rating by means of letter transaction performance.” On April 2016, the Defendant attempted to inform the two male men of the physical card connected to the national bank account (D) bank account in the name of Heung-gu, Seo-gu, Seo-gu, Seo-gu and 363 of the personal bank account opened by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written petition;

1. Investigation report (A telephone communications between parties);

1. Application of Acts and subordinate statutes on the transactions of deposits and withdrawal;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions (a point of transfer of an access medium) concerning the facts constituting an offense under the relevant Article of the Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, Etc., a disadvantageous reason for sentencing, transfer of electronic financial transaction access media to another person may cause damage to many and unspecified persons because it can be used for fraud crimes, such as Bosing, etc. In fact, the account of the access media transferred by the Defendant was used for fraud crimes, and the crime of this case was committed by the Defendant by establishing a company and transferring the access media of the company’s account.

The favorable circumstances include the fact that all the defendants recognize the crime of this case and the defendant is the first offender.

Article 51 of the Criminal Act that is shown in the records of this case, such as the above circumstances and the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.