beta
(영문) 수원지방법원 2018.05.24 2018고단1450

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

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

Nevertheless, on November 22, 2017, at the defendant's house parking lot located in Osan City, around 16:00, the defendant sent a physical card (personal number indicated on the back of the card) to a person whose name is unknown, using Kwikset's service, who received a proposal from a person whose name is unknown to transfer to an account from a person whose name is unknown, and who received a proposal from a national bank account (Account Number: D) in the name of the defendant.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. E’s written petition;

1. Report on internal investigation (the nominal A of the account holder);

1. Confirmation of the results of electronic financial transfer, and application of Acts and subordinate statutes on response data to national banks;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The act of transferring the electronic financial transaction access medium on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is not only a serious crime that not only undermines the trust in the electronic financial transaction, but also causes damage to multiple victims by using the transferred access medium for a criminal act such as telephone finance fraud.

The defendant's transfer of access media has been abused in criminal acts and has caused damage.

However, the sentencing conditions stipulated in Article 51 of the Criminal Act are determined as ordered by considering the fact that the defendant has committed a crime due to his living conditions, the defendant's mistake is recognized, and there is no benefit from the crime, and there is no previous conviction.