beta
(영문) 창원지방법원 2017.08.30 2017고단2436

전자금융거래법위반

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

[Criminal Records] The case: the Changwon District Court Decision on April 12, 2016: Imprisonment with labor for a violation of the Traffic Act on the Roads: six months: the termination of the sentence of a detention center on October 9, 2016 / [criminal facts] no person shall transfer or take over any access medium for electronic financial transactions.

On March 2017, the Defendant was in the front of the modern automobile business office located in the Busan District captain, the Defendant was in need of a personal account to reduce taxes.

Upon receipt of a proposal stating that he/she will give KRW 3 million if he/she send a e-mail card, and promised to receive KRW 3 million on the condition that he/she transfers the account, and then deliver the access media, such as the e-mail card and password connected to the bank account (D) in the name of the defendant, using Kwikset Service.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions for the crime;

1. Supreme Court Decision 2009Do1530 Decided March 25, 2010, Supreme Court Decision 40 and Article 50 of the Commercial Competition Act (Supreme Court Decision 2009Do1530 Decided March 25, 2010) (the crime of transferring access media is established as one crime for each access medium. However, the act of transferring multiple access media in a lump sum is a case where multiple access media are committed as a single act, and each crime is in a conceptual concurrence relationship.)

1. Optional fine;

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

1. Sentencing sentence of Article 334 (1) of the Criminal Procedure Act for the Criminal Procedure of the Provisional Payment Order: Imprisonment with prison labor for four months: The period of repeated crime (aggravating a repeated crime); the transferred access medium is used for committing a crime of telecommunications finance fraud; and other grounds for mitigation: Confession, health (urine, dementia type), family members (oldly, dementia type), the same kind of criminal records (excluding four times the sentence), etc.;