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(영문) 전주지방법원 2017.05.26 2017고단672

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six 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

Except as otherwise provided for in other Acts, no person shall transfer any access medium in using and managing the access medium.

Nevertheless, the Defendant, after establishing an old-age corporation from a person in the name of the deceased, proposed that he will give two million won in return for the transfer of the account under the name of the corporation. On April 2016, the Defendant transferred the passbook, head of Tong, e-mail card, and OTP, which are access media connected to the No. 39 of Pyeongtaek-si in Gyeonggi-do, Pyeongtaek-do, which was located in the 40-ro 39, Pyeongtaek-do, Pyeongtaek-si, Gyeonggi-do, and the Defendant’s access media connected to the No. 3 (D) account opened in the name of the company with limited liability, using bus freight.

Summary of Evidence

1. Statement by the defendant in court;

1. E’s authentic statement and written statement;

1. A detailed statement on the transfer of damage;

1. Application of Acts and subordinate statutes on the transactions of limited companies C, F personal information, and Nonghyup Account;

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. In light of Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, Etc. of the same Act, transfer of electronic financial transaction access media to others may cause damage to many and unspecified persons because it can be used for crime, and the account of the access media actually transferred by the Defendant was used for fraud, and the crime of this case is not good enough for the Defendant to establish a company to transfer its access media to that 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.