전자금융거래법위반
A defendant shall be punished by imprisonment with prison labor 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
Except as otherwise expressly provided for in any other Act, no electronic card used to issue a transaction request in electronic financial transactions or to secure the authenticity and accuracy of the details of the transaction, and a password necessary to use such card shall be transferred to any third party.
Nevertheless, on March 22, 2016, the Defendant did not confirm the specific personal information, office location, etc. of a person in distress, and without determining the specific time, place, and method of return of the physical card, received KRW 2 million per opening from the Defendant. On March 22, 2016, at the C Recording Office located in Chang-si, Chang-si, Chang-si, Chang-si, Kwikwikset Bank (Account Number: D) and the National Bank Account (Account Number: E) respectively, transferred the means of access to the physical card collectively.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Details of transactions of inputs;
1. Application of the Act and subordinate statutes on Domestic History Reports (CCTV image data);
1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. The reason for sentencing under Article 62(1) of the Criminal Act is abuse of the means of access transferred by the accused as a means of crime causing serious damage to society, such as scam, etc. In fact, the victim was scamed and the amount of damage is not much significant. However, the fact that the Defendant does not seem to gain profit in the instant case, the Defendant did not have the same criminal record, and other conditions of sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime