전자금융거래법위반
A defendant shall be punished by imprisonment with prison labor for a maximum of six months and a short of four months.
Seized evidence1 through 9 and 12 shall be confiscated, respectively.
Punishment of the crime
No one shall transfer or acquire any means of access unless otherwise specifically provided for in other Acts in using and managing the means of access.
Nevertheless, on February 5, 2015, the Defendant received a proposal from “C,” a single-name “C,” a domestic withdrawal of the organization for the commission of the crime of Boscing fraud,” and received the proposal, and received at least KRW 100,000 per day on the day of February 5, 2015, the Defendant received at around 14:57 the passbook and one cash card in the bank account (Account Number: E) in the name of Korea, delivered through Kwikset service, and delivered at least four times as indicated in the list of crimes, by taking over the passbook and one cash card in the name of Korea (Account Number: E) in the name of Korea, delivered to the said “C”.
Accordingly, the Defendant respectively acquired the means of access for electronic financial transactions.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. 피의자 위챗 대화내용, 각 카드 사진
1. Police seizure records;
1. Application of Acts and subordinate statutes to investigative reports (verification of the transfer of the means of access to the account owner);
1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 2 and 60 (1) of the Juvenile Act, which are illegal;
1. On the grounds of sentencing under Article 48(1)1 and 2 of the Criminal Act, the sentencing conditions indicated in the records of the instant case, including the following circumstances and the Defendant’s age, character and conduct, family relation, family relationship, home environment, motive and means of the commission of the crime, and the circumstances after the commission of the crime, shall be imposed as ordered in full view.
The crime of this case is the acquisition of the means of access for electronic financial transactions, thereby undermining the trust and safety of financial transactions.