전자금융거래법위반
Defendant shall be punished by a fine of KRW 10,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
No one shall transfer or acquire any means of access, unless otherwise specifically provided for in any other Act, in using and managing the means of access.
On May 2017, the Defendant transferred the physical card and its password connected to the B bank account (C) in the name of the Defendant, to the person who was not the party to the name, in an irregular manner, at a closed point of not more than the date in Jeju.
Accordingly, the defendant transferred a physical card and its password, which is a means of access.
Summary of Evidence
1. Partial statement of the defendant;
1. A copy of the police statement of D; and
1. The monetary statement [the defendant merely loses the e-mail card and denies the fact of crime, but the defendant himself stated that he did not have a password on the e-mail card. The defendant's assertion cannot be believed in light of the fact that the e-mail card identification number of the defendant cannot be easily known, and that the defendant asserted that he reported the loss to B bank after the loss, but there is no detailed statement.] The application of the law to the law.
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 selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) shall be determined as ordered by comprehensively taking into account the following circumstances, including the Defendant’s age, character and conduct, family relation, environment, circumstance and consequence of the crime, and circumstances revealed in the pleadings of the instant case, including the following: (a) the Defendant, despite the fact that he/she transferred a physical card to the past and was investigated by an investigative agency; and (b) the Defendant, despite the secondary damage, such as singishing due to the Defendant’s act,