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(영문) 대전지방법원 2016.07.07 2016고단1139
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

In order to obtain loan from around October 201, the Defendant sent a e-mail card connected to the Agricultural Cooperative Account under one’s name to a person with no name. However, the e-mail card and the account was used for the so-called “scaming” fraud, and the Defendant was investigated by the Seo-gu Daejeon Police Station around November 201, and was notified of the fact, and the Defendant was suspended from indictment at the Seoul Central District Public Prosecutor’s Office around January 201, and was aware that if he sent the e-mail card, etc. to a person with no name to obtain loan, the e-mail card is likely to be used for the crime of fraud, such as “scaming.”

Nevertheless, on November 2015, the Defendant sent to Kwikset service article a physical card linked to the Defendant’s name bank D account in the name of the Defendant in front of the Defendant’s residence in Daejeon-dong Daejeon-gu, Daejeon-gu, and let Kwikset service article deliver it to the person without name.

As a result, the Defendant transferred the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A victim statement of E;

1. A report on investigation (report on attachment of details of deposit transactions);

1. Application of Acts and subordinate statutes for the certificate of transfer confirmation;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

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

1. For the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the transfer of the access media, such as the instant crime, with the reason of sentencing, is likely to impair the general public’s confidence in the name of financial transaction, making it possible to commit so-called phishing crimes, and the actual use of the access media that the Defendant transferred in order to commit financial fraud, thereby causing a good victim, and thus, should be punished strictly.

However, the defendant's time to commit the crime of this case and reflects the defendant, there are no criminal records of the same kind and only one fine of this kind, and the number of times the defendant transferred the access media.

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