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(영문) 수원지방법원 성남지원 2017.10.20 2017고단2114

전자금융거래법위반

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[Defendant A] Defendant A shall be punished by imprisonment with prison labor for ten months.

However, the defendant A for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. In using and managing the access medium, no person who is a defendant shall arrange the transfer of the access medium in an intermediate way unless otherwise specifically provided for in other Acts;

Nevertheless, the Defendant accepted the proposal in 2017, stating that he would offer 150,000 won or 200,000 won under the pretext of face-to-face introduction by introducing a person who sells a viable medium from a person without his name (one name D) and tried to arrange the transfer of an approaching medium.

On June 7, 2017, the Defendant transferred the F casino located in Jung-gu Seoul, Jung-gu, Seoul, with an access medium connected to the account opened in his/her own name.

B introduced the defect to D.

B transferred eck cards and passwords, which are access media connected to the account (G) opened in his/her own name, to D, and received 400,000 won in return.

Accordingly, the defendant arranged the transfer of access media using electronic financial transactions.

2. In using and managing access media, Defendant B shall not transfer or acquire such access media unless otherwise specifically provided for in other Acts;

Nevertheless, the Defendant transferred the access media to D at the same time and time as the above 1 paragraph, and received 400,000 won in return.

Accordingly, the Defendant transferred the access media using electronic financial transactions.

Summary of Evidence

1. Defendants’ legal statement

1. Protocol concerning the interrogation of suspects by the prosecution against the Defendants

1. Application of H’s written statement and written confirmation of transfer results to statutes;

1. Defendant A of the relevant criminal facts: Article 49(4)4 of the Electronic Financial Transactions Act and Article 6(3)5 of the aforesaid Act: Defendant B: Article 49(4)1 and Article 6(3)1 of the Electronic Financial Transactions Act;

1. Defendant A who is selected to be sentenced to imprisonment: Defendant B who is sentenced to a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant B);

1. Suspension of execution (Defendant A) Criminal Act;