(영문) 수원지방법원 2016.09.07 2016고단4378

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(영문) 수원지방법원 2016.09.07 2016고단4378

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On October 15, 2012, the Defendant: (a) around October 15, 2012, at the front of the new compromise located in the Bupyeong-dong, Sungnam-si; (b) around October 15, 2012, the Defendant would receive KRW 200,000 from the person who was not the name; (c) through Kwikset service articles, transferred the passbook, physical check, and security card in the name of the Defendant’s name to the above person; and (d) transferred the passbook, physical check, and security card, which are the means of access used in electronic financial transactions, through Kwikset service articles.

2. Around March 29, 2013, the Defendant transferred the means of access to the means of electronic financial transactions, the head of the passbook, the eck card, and the security card, which are the means of access used in electronic financial transactions, from the access road in front of the Nonghyup Bank located in Seongbuk-dong, Sung-nam-si, Sung-gu, Sung-nam-si, to receive KRW 200,000 from the person in charge of the name in question. The Defendant transferred the passbook, the check, and the security card under the name of the Defendant through Kwikkset Service.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made by the police officer in relation to AD and AE;

1. Application of each Act and subordinate statute stated in the Internet banking transfer certificate, application for new transaction, and provision of financial transaction information;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 1 of the Electronic Financial Transactions Act and Article 6 (3) 1 of the same Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., the fact that the defendant has no record of punishment heavier than that of the suspension of execution prior to the instant case, the confession of the crime and reflects the fact that he/she did not acquire the consideration

참조조문

-전자금융거래법 제6조 제3항 제1호

-전자금융거래법 제49조 제4항 제1호

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