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(영문) 대구지방법원 서부지원 2018.01.24 2017고단1513

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On June 25, 2015, the Defendant was sentenced to a suspended sentence of ten months of imprisonment with prison labor for fraud, etc. in the Western Branch of the Daegu District Court on October 25, 2015, and the judgment was finalized on January 1, 2016.

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

1. On November 9, 2012, the Defendant transferred a passbook in the name of the Defendant’s post office account (Account Number: C) and a cash card connected thereto to B before the long-term Dong post office located in the Dong-gu, Seogu, Daegu, to B, and notified the password.

2. On February 25, 2013, the Defendant transferred the passbook of the Saemaul Treasury Account (Account Number:D) in the name of the Defendant and the cash card connected thereto to B on the roads prior to the Seo-gu, Seogu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, and notified the password.

3. On February 26, 2013, the Defendant transferred a passbook in the name of the Defendant’s bank account (Account Number: E) and a cash card connected thereto to B prior to a point prior to the death of a corporate bank located in Seogu-gu, Daegu-gu, and notified the password.

4. On October 2013, the Defendant transferred a passbook to the Agricultural Cooperative Account (Account Number:F) in the name of the Defendant and a cash card connected thereto to Dong-gu, Daegu-gu, Daegu-gu, to B, and notified the password.

Accordingly, the Defendant transferred the access media under the Electronic Financial Transactions Act to another person for four times.

Summary of Evidence

1. Statement by the defendant in court;

1. An investigation report (a list of transactions in the accounts of the Saemaul Bank in the name of a suspect A), an investigation report (a list of transactions in the accounts of the Nonghyup Bank in the name of a suspect A), or an investigation report (a copy of the B-Examination Report);

1. Previous convictions: Inquiries by residents, inquiries about criminal history, and application of Acts and subordinate statutes of investigation reports (Attachment to a copy of a criminal suspect A judgment);

1. Articles 49(4)1 and 6(3)1 of the Act on the Electronic Financial Transactions and Trade in question and choice of imprisonment for a crime