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(영문) 전주지방법원 2016.07.22 2016고단659
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

Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

From the end of October 2015 to the beginning of November 2015 of the same year, the Defendant provided Kwikset service with an access medium, such as the physical card, password, and account number, of the national bank account (C) in the name of the Defendant, to transfer the passbook from a person in an influence to a third party in front of the modern Drown-gu 4-gil-gu 20, Jinjin-gu, Seoul.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Written petition of D;

1. Details of transactions of deposits and withdrawal, details of transactions by account, and written confirmation of transfer transactions;

1. Each reply to a warrant of search and seizure inspection;

1. Application of Acts and subordinate statutes on telephone details;

1. Article 49(4)1 and Article 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 13929, Jan. 27, 2016) as to the facts constituting an offense (the transfer of an access medium)

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 stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. As for the favorable reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc., the defendant recognized the crime of this case and the defendant did not have any record of punishment for the same crime.

The reason is that the transfer of electronic financial transaction access media to others can cause damage to many and unspecified persons because it can be used for fraud crimes such as licensing, etc. In fact, the account of the access media that the defendants transferred to others has been used for fraud crimes, and the defendant has been punished several times including the punishment for the crimes of e-mail.

. The above.

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