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(영문) 창원지방법원 2018.08.22 2018고단1540
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, 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 shall transfer or acquire any access medium used in electronic financial transactions, except as otherwise expressly provided for in other Acts and subordinate statutes.

Nevertheless, on August 2016, 2016, the Defendant: (a) established the Agricultural Cooperative Account in the name of the said company (D); (b) established the Agricultural Cooperative Account in the name of the said company (E); and (c) opened the new bank account in the name of the said company; and (d) opened the said account in the name of the said company at a bank near the fish market located in Seocho-si, Changwon-si, Changwon-si (hereinafter “B”); and (c) opened the deposit account in the name of the said company; and (d) opened the deposit account in the name of the said bank account; and (e) laid down three heads of passbooks

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. H statements;

1. The trading ledger, text messages, and inquiry about the results of transfer;

1. Responses to requests for each financial transaction information and application of the details of financial transaction Acts and subordinate statutes;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on the Electronic Financial Transactions and the Selection of Punishment, respectively, Article 49 (4) 2 and Article 6 (3) 2 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. Lending a medium of access to sentencing under Article 62-2 of the Social Service Order Criminal Act requires strict measures as not only harm the credibility of the safety performance of electronic financial transactions, but also harm the credibility of the safety performance of other crimes.

The method of committing the instant crime is not good by establishing a corporation with no substance for the instant crime, opening a financial account, etc.

The Defendant’s access media was actually used for the commission of the phishing fraud, and the victims occurred.

However, the Defendant recognized the instant crime and did not repeat the same mistake.

There is no record of punishment for the same kind of crime in the past.

In addition, the number of access media transferred by the defendant, this case.

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