(영문) 전주지방법원 2017.03.20 2016고단2297

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(영문) 전주지방법원 2017.03.20 2016고단2297

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 2016, the Defendant transferred cash cards and OTP, which are access media connected to the No.C. account (E) in the name in the name of the Defendant, at the vicinity of the C cafeteria located in the Masan-gu, Jeonju-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of evidentiary materials, such as photographs, etc. of gambling websites, and reply statutes as a result of investigation into offenders of the National Sports Promotion Act;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. The act of arbitrarily transferring the electronic financial transaction access media on the grounds of sentencing under Article 62(1) of the Criminal Act (defensive to the following grounds for sentencing) is highly likely to infringe on the security and reliability of the electronic financial transaction performance and bring about secondary damage due to the use in the crime. The account of access media actually transferred by the Defendant was used for the Internet gambling crime.

In particular, since the defendant establishes a floating corporation for the purpose of receiving abnormal loans without the intention to establish and operate the corporation, and transfers the electronic financial transaction access media connected to the account in the name of the corporation, there is a lot of need for strict punishment because the crime is very poor.

However, the defendant shall be punished as imprisonment with prison labor in consideration of favorable sentencing conditions, such as the fact that the defendant has no profit from the crime of this case, the recognition of and reflects the crime, and the fact that there is no record of criminal punishment exceeding the same kind of power and fine, but the execution thereof shall

참조조문

-형법 제62조 제1항

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