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(영문) 전주지방법원 2017.07.07 2017고단804
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

[criminal history] On November 11, 2016, the Defendant was sentenced to a suspended sentence of two years for a violation of road traffic law at the Daejeon District Court on July 7th of the same month, and the judgment became final and conclusive on the 19th of the same month.

[Criminal facts] No person may transfer access media to another person in using and managing access media.

On October 19, 2016, the Defendant: (a) called the Defendant from a person without his name to “to lend one passbook to another; (b) 2,50,000 won; and (c).” (c) around the 28th day of the same month, the Defendant sent the cash card, which is an access medium, to his own name, to a financial account in his own name (SFD and Korean bank E) at his own residence located in the North-U.S. armed forces, the 28th day of the same month, and transferred the access medium by sending the cash card, which is an access medium, to a taxi name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Account details;

1. Details of each transfer account;

1. Details of text;

1. Previous convictions: Inquiry into criminal history and the application of Acts and subordinate statutes of a report on criminal investigation (Attachment to judgment of stay of execution);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions (a point of transfer of an access medium) concerning the facts constituting an offense under the relevant Article of the Act;

1. Article 40 of the Criminal Act of the Commercial Concurrent Crimes (only between violations of the Act on Electronic Financial Transactions by Access Media);

1. Selection of imprisonment with prison labor chosen;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. In the event of unfavorable reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders, the act of transferring or lending electronic financial transaction access media to another person may cause damage to many and unspecified persons as it can be used for fraudulent crimes, such as Bosing, etc. In fact, the account of the access media transferred by the defendant was used for the criminal act of fraud, and the Defendant committed the instant crime while being tried for the criminal act of this case.

All of the crimes of this case are favorable circumstances.

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