(영문) 수원지방법원 2019.03.28 2018고단6102

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(영문) 수원지방법원 2019.03.28 2018고단6102

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

[Criminal Power] On October 16, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. at the Jeonju District Court on March 8, 2016, and completed the execution of the sentence in the military prison on March 8, 2016.

【Criminal Facts】

No person shall, with respect to the use and management of a means of access, borrow or lend a means of access or store, deliver or distribute a means of access with the knowledge that such means are to be used for a crime or to be used for a crime.

The Defendant, on April 25, 2017, was aware that the Defendant sent a physical card, a means of access, to a person under his/her name, and was given a summary order of KRW 4 million by the Suwon District Court on April 25, 2017, on the grounds that the account linked to the card was used for the commission of the scaming fraud, and that the means of access would be used for the crime of the scaming fraud if the means of access is delivered to another person.

Nevertheless, on April 15, 2018, the Defendant listened to the statement that “a loan is difficult due to lack of transaction performance. It is expected to extend the work performance by sending a physical card to him/her,” and around April 17, 2018, the Defendant sent a physical card, which is the means of access to the new cooperation account (B) in the name of the Defendant, from a non-resident, and notified Kwikset Service of the account number and password to the non-resident.

Accordingly, the defendant knowingly delivered a means of access to a name-free person with knowledge that it will be used in crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Transfer receipt or information on financial transactions;

1. Investigation report (suspect A report on confirmation of identical records of electronic financial transactions);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (report on confirmation of repeated crimes) and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Article 49(4) of the Electronic Financial Transactions Act for the Selection of Punishment

참조조문

-전자금융거래법

-전자금융거래법 제49조 제4항

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