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(영문) 수원지방법원 2016.11.25 2016고단5767

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

around May 2015, the Defendant was issued KRW 300,000,00 in return, to a person who was unaware of his name in the vicinity of the Suwon Station, which was located in 924, on the road near the Suwon Station, under the name of the Defendant, for a personal bank account (C) in the name of the Defendant.

Accordingly, the Defendant transferred physical cards, passwords, OTP, and authorized certificates, which are means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes stating an investigation report (Attachment of details of account transactions in the name of a suspect);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act provides that the means of access that the Defendant transferred was used for scaming crimes, but on the other hand, considering the following factors: (a) the Defendant was a primary offender; (b) the Defendant was scambling against the Defendant; (c) the number of times of lending the means of access was limited once; (d) the profits acquired therefrom was minor; and (e) the Defendant was not aware that the transferred means of access would be available as a means of crime; and (e) the Defendant was not aware that the transferred means of access would be available as a means of crime; and (e) taking into account the Defendant’s age, character and conduct, motive for the crime