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(영문) 전주지방법원 2017.09.08 2017고단1151

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

[Criminal record] On May 27, 2016, the Defendant was sentenced to 12 years of imprisonment with prison labor for aiding and abetting murder at the Suwon Friwon, and the judgment became final and conclusive on January 25, 2017.

[Criminal facts] In using and managing access media, no one may transfer access media unless otherwise specifically provided for in other Acts.

On October 2015, the Defendant received a request from the Dong-in C to transfer the passbook and the physical card connected to the Defendant’s name account, and transferred the passbook and the physical card connected to the Defendant’s name to the account under the name of the Defendant, and transferred the passbook and the physical card connected to the Defendant’s name to the account under the name of the Defendant, the passbook and the physical card connected to the agricultural bank account under the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect with respect to F; and

1. Investigation report (the withdrawal of damage from the e-mail card that has been seized by the person against whom the crime was committed, and the suspect C specific circumstances);

1. Answers to each financial material;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (suspects A are confined to detention houses remaining in Seoul), and application of the text of the judgment;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Under Article 334(1) of the Criminal Procedure Act, the act of transferring or lending to another person electronic financial transaction access media may cause damage to many and unspecified persons because it can be used for fraud crimes, such as licensing, etc. In fact, the account of access media lent by the Defendant was used for fraud.

The favorable circumstances include the fact that the defendant recognizes the crime of this case, and that the defendant has no record of criminal punishment for the same crime.

. The above.