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(영문) 인천지방법원 2018.05.31 2018고단2120
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four 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

No person shall transfer or take over any access medium in making a transaction instruction in electronic financial transactions or using or managing any access medium used to secure the authenticity and accuracy of users and the details of such transaction.

On September 2017, the Defendant listened to the speech that “the Defendant would pay KRW 300,000 won to a liquor company due to tax issues,” and then, on September 2017, the Defendant sent the physical card, which is an access media to the Kakao Bank Account (B) in the name of the Defendant on the front of the apartment in Incheon Seo-gu, Seo-gu, Incheon, and on the front of the apartment in Korea, Kwikkset Service.

Accordingly, the defendant transferred access media used to give transaction instructions in electronic financial transactions or to secure the authenticity and accuracy of users and transaction details.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the statutes on search and seizure inspection warrant and reply;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the crime, the selection of punishment for the selective punishment, Articles 49 (4) 1 and 6 (3) 1 of the same Act, and the selection of imprisonment;

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

1. The Defendant’s crime of sentencing with the reason for sentencing Article 62-2 of the Social Service Order Criminal Act in itself not only disturbs the reliability of the safety performance of electronic financial transactions, but also is the soil where the singing crime continues to take place in society as the source of supply of the passbook.

In addition, the fact that the defendant has suffered secondary damage of Bosing as a passbook circulated to the criminal organization is also disadvantageous to the defendant.

The pursuit of criminal proceeds, including social harm, and the attempt to repeat a crime that does not correspond to the same force, are specified as the treatment of property punishment, but it is difficult to achieve the preventive effect.

However, there is room to consider the passive motive for crime and the remaining good sexual behavior in sentencing.

Imprisonment with prison labor within the applicable range of punishment.

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