전자금융거래법위반
A defendant shall be punished by imprisonment for not less than eight 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.
Punishment of the crime
No person shall transfer or take over, or set up a pledge on, a cash card or a password used in the cash card which is an access medium in electronic financial transactions, a user number registered in financial institutions, etc.
On June 5, 2017, at around 11:20, the Defendant: (a) received 300,000 won per account from a person in a name in the name of the Defendant from the person in the name of the Defendant in front of the opening of 569-Gu, Gangnam-gu, Seoul. (b) On June 5, 2017, the Defendant issued and transferred the check card under the name of the Defendant to the person in a name of the deceased.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes to details of transfer process;
1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (or by imprisonment); Article 6 (3) 1 of the same Act (or by choice of imprisonment);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend, is that the Defendant actually used to commit the crime of financial fraud, etc. in which the access media that the Defendant transferred to a person who is not his/her name has recently become a serious social issue, and that the commission for the crime has been paid.
However, the sentence was determined by comprehensively taking into account the following factors: the defendant is the first offender, the confession and reflect of the crime, the defendant's age, sexual conduct, environment, and family relationship, and various sentencing conditions shown in the change theory.
It is so decided as per Disposition for the above reasons.