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(영문) 서울남부지방법원 2018.10.24 2018고단3218

전자금융거래법위반

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall transfer or take over any access medium, or lend or take over any access medium in return for promising to receive any consideration.

Nevertheless, on March 13, 2018, the defendant sent a paper paper, in which the physical card and password of the national bank account (D) opened in the name of the defendant, is written, to the name under the name of the defendant, who grants a loan to the defendant prior to the public bank account in Seo-gu, Seo-gu, Seo-gu, Seoul, Seo-gu.

delivered.

Accordingly, the Defendant transferred the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on investigation (the execution of a warrant of search and inspection of seizure) and a list of customer information inquiries and details of transactions of entry and withdrawal;

1. Application of Acts and subordinate statutes on the report of investigation (verification of suspect records);

1. Relevant Article of the Act and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which criminal facts are subject to the option of punishment (the transfer of access media and the choice of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the ground of sentencing under Article 62-2 of the Social Service Order Criminal Act is not likely to be a crime of transferring the access media that can be used for the so-called Bosing crime or the Internet fraud crime.

In that the access media, such as the physical card transferred by the defendant, actually used for the crime of fraud, causing monetary damage to the victim, the issue is light.

shall not be deemed to exist.

Although there are differences in the circumstances, the Defendant was subject to criminal punishment on the basis of the fact that he was sentenced to the approaching media, the Defendant committed the instant crime. However, considering the above unfavorable circumstances, the Defendant should be punished with severe punishment. However, the Defendant’s mistake is recognized, the background leading up to the instant crime, method and details of the crime, circumstances leading up to the Defendant’s crime, and other circumstances following the crime, including the Defendant’s age, sexual conduct, environment, etc.