전자금융거래법위반
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
Except as otherwise expressly provided for in any other Act, no person shall transfer any access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction.
Nevertheless, on November 5, 2017, around 17:00, the Defendant transferred to Kwikset service article access media, such as the account number and password of the new cooperation account (D) in the name of the Defendant on the condition that he/she receives a low interest loan from a person whose name is unknown at a low interest rate.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes, such as a detailed statement of deposit transactions and details of compromise transactions;
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. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution is an element of sentencing unfavorable to the Defendant, such as not only impairing the safety and trust of financial transactions, but also making it possible to abuse transferred cards, etc. as a means of other crimes, and the fact that the cards, etc. transferred by the Defendant were used for the actual fraud.
On the other hand, the fact that the defendant led to the crime of this case and is divided, and there is no significant benefit from the crime of this case, and that there is no record of punishment or fine exceeding the punishment of the same crime of this case, etc. are factors of sentencing favorable to the defendant.
In addition, the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, and all the circumstances constituting the conditions for sentencing as shown in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered.