전자금융거래법위반
A defendant shall be punished by imprisonment for four months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
No one shall transfer or acquire any means of access, such as an electronic card used in electronic financial transactions and other similar electronic information, certificate, password, unless otherwise specifically provided for in any other Act.
Nevertheless, on October 2018, the Defendant received the proposal that “to use it as an account with Saturdays or Bitcoin, and to buy KRW 3 million per account.” On November 11, 2018, the Defendant sealed one check card that is linked to the Defendant’s account in the name of the Defendant in the vicinity of the Kimpo-si, Kimpo-si (D) and sent it to the Defendant via Kwikset service article that sent the above bearers.
Accordingly, the Defendant transferred the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. E statements;
1. Application of Acts and subordinate statutes, such as a written confirmation of results of electronic financial transfer, customer information inquiry table, and details of transactions of entry and withdrawal;
1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the choice of imprisonment;
1. The act of lending the means of access to the grounds for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as “the grounds for sentencing”) is an act that facilitates various crimes, such as tax evasion, Internet gambling, and scaming, and the relevant social harm is not severe.
However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the Defendant’s mistake is against the Defendant; (b) the motive and circumstance leading up to the previous criminal offense; (c) the number of means of access transferred; (d) the amount of relevant damage; and (e) a part of the amount of damage has been returned to the victim; and (d) the age, character, conduct, family relationship, economic circumstances, etc. of the Defendant at the trial of this case.