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(영문) 광주지방법원 순천지원 2019.07.25 2019고단955
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall transfer a means of access used in electronic financial transactions, except as otherwise provided for in any other Act.

Nevertheless, on August 20, 2018, the Defendant received a proposal that he would pay a fee of 1.50,000 won per day when he transfers a physical card from a person without his name, and transferred the physical card, which is a means of access connected to the Suwon Bank B account in the name of the Defendant, to the person with no name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of details of transactions and written confirmation of transfer transactions Acts and subordinate statutes;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the choice of imprisonment;

1. Circumstances unfavorable to sentencing under Article 62(1) of the Criminal Act: The lending of the means of access not only undermines the stability of electronic financial transactions and trust, but also provides the means of other crimes, such as Bosing, etc. In fact, it is necessary to strictly punish the means of access. The circumstances in which the means of access leased by the Defendant have been used for Bosing crimes: The fact that the means of access actually recognized and reflects the crime; the fact that there is no criminal history of the same kind; the fact that the Defendant has no record of the crime; and other various sentencing conditions as indicated in the trial process such as the Defendant’s age, character and behavior, environment, motive

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