beta
(영문) 광주지방법원 2020.10.29 2020고단3119

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not less than five months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one may transfer any means of access unless otherwise specifically provided for in any other Act in using and managing the means of access.

Nevertheless, on February 2, 2019, the Defendant: (a) received a proposal from a person without a personal loan with low credit rating; (b) made a business operator loan; (c) opened an account in the name of a juristic person; (d) opened the account; and (e) transferred the data necessary for the use of the account; and (d) opened the registration of a limited liability company B; and (e) opened the said company’s name C (D) account in the name of the said company; and (e) notified the nameless person of the password of the password by transferring the passbook to C (D) of the said “limited liability company B” account; and (e) informed the password.

Accordingly, the Defendant transferred the means of access to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. Application of three copies of the Act and subordinate statutes to the following: A financial transaction report (related to attachment of CCTV withdrawals in the name of a limited liability company B), B register of a limited liability company, and CCTV image to E:

1. Article 49(4)1 and Article 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 202), the pertinent provision on criminal facts, and the choice of imprisonment with labor

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of offenses in violation of the Electronic Financial Transactions Act [Type 1] and the absence of general crimes [the scope of recommendations and recommendations] [the scope of recommendations and recommendations] and the basic area of punishment, April 1 to October.

3. Determination of sentence: Determination of five months of imprisonment and two years of suspended sentence: The means of access that has been transferred may be used for fraud, crime proceeds concealment, money laundering, etc., and disrupt the safety and reliability of electronic financial transactions, etc.