전자금융거래법위반등
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
1. No person who violates the Electronic Financial Transactions Act shall, unless otherwise specifically provided for in any other Act, borrow or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising any compensation;
Nevertheless, on January 30, 2019, the Defendant accepted the proposal that “it is necessary to exchange to overseas casino operators, 3-5% of the amount of money exchanged shall be paid as commission.” On January 30, 2019, the Defendant sent the means of access to electronic financial transactions by entering the physical card connected with the Defendant’s name (E) and the password of the said physical card in a series to the Kwikset service article sent by a person whose name is unknown by means of delivering it to Kwikset service article, and then lent the means of access to electronic financial transactions. < Amended by Act No. 1417, Jan. 30, 2019>
2. Around 15:30 on January 31, 2019, the Defendant: (a) transferred KRW 985,000 to the account in the name of the Defendant using a mobile phone at around 16:27 on the same day while the Victim G was kept in custody of the victim for the victim at the D Bank Station located in Seongbuk-gu, Sungnam-si; (b) around 16:32 on the same day, the Defendant voluntarily consumed the amount of KRW 685,000 by withdrawing KRW 685,000 from the physical card newly issued at the D Bank Station; and (c) at around 16:32 on the same day, the Defendant released KRW 985,00 by withdrawing the amount of KRW 685,000 from the D Bank Station to the account in the name of the Defendant.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Defendant's legal statement;
1. G statements;
1. A certificate of transfer and details of account transactions, response materials from the D Bank, and report on internal affairs (to be attached toCCTV);
1. Application of Acts and subordinate statutes on the I dialogue screen;
1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 of the Electronic Financial Transactions Act regarding criminal facts and the method of access to a sentence.