전자금융거래법위반
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
No person shall transfer or acquire a cash card or a password used in a cash card, a user number registered in a financial institution, or establish a pledge in an electronic financial transaction.
Nevertheless, around May 2018, the Defendant: (a) received the proposal from a person without a personal name, stating, “When an account is opened in the name of a juristic person and sending the passbook, it is intended to create a false transaction performance, thereby raising credit rating; and (b) established “B Co., Ltd.” around May 2018 for the purpose of transferring a financial account to a person with a false personal name; and (c) opened a bank account in the name of the said juristic person (E) around May 11, 2018.
On the same day, the Defendant transferred the means of access to electronic financial transactions by providing Kwikset with a passbook, e-mail card, OTP card, password, etc. connected to the D Bank Account under the name of the said D Bank.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement;
1. Application of statutes to written applications for transactions, full certificate of registered matters, and certificate of deposit transaction record;
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 imprisonment with prison labor chosen;
1. The crime of this case, which is the reason for sentencing under Article 62(1) of the Criminal Act, is an unfavorable circumstance to the Defendant, in light of the following: (a) the safety and reliability of electronic financial transactions and the use as a means of other crimes are harmed; (b) the Defendant’s establishment of a false corporation in order to create an account; and (c) the means of access actually provided by the Defendant appears to have been used for other crimes.
On the other hand, the defendant recognized the crime of this case and reflected his mistake.