(영문) 수원지방법원 2016.06.15 2016고단1869

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자간(%)

(영문) 수원지방법원 2016.06.15 2016고단1869

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

In using and managing access media, no person shall transfer or take over access media unless otherwise specifically provided for in other Acts, but the defendant, on May 2015, posted the “Purchase of passbook” by the non-member of the name on the Internet.

The phrase “assumed passbook” is written, and the head of the Tong is able to acquire cash, and on May 28, 2015, sent a e-mail card connected to the account of the Gwangju Bank (B) opened in the name of the defendant in the name of the above party in the name of the defendant on baggage at an express bus terminal in the e-mail-to-Seoul Metropolitan City Mayang-si Mayang-si Mayang-si Mayang-si Mayang-si Mayang-si, Seoul in the name of the defendant.

The transfer, and the password was known by telephone.

Accordingly, the Defendant transferred the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. C’s statement;

1. Application of Acts and subordinate statutes to a written confirmation on the transfer result of electronic financial transactions, bank transaction application and reply details;

1. The applicable provision of Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act and the choice of imprisonment for a crime;

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

1. Although the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, despite the fact that the defendant had been punished for a fine for the same kind of crime, the head of Tong and other accessible media that may not be used for the same kind of crime may cause the fraud of the crime to be committed without permission by the third party, and it cannot be justified due to such reasons as temporary monetary needs.

However, the transfer of a specific crime and access medium;

It is so decided as per Disposition in consideration of all the reasons for sentencing, such as the fact that it is not visible.

참조조문

-형법 제62조 제1항

-형법 제62조의2

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