전자금융거래법위반
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.
From the end of October 2015, the Defendant, through Kwikset service, sent to the name in favor of C, the Nong Bank account in the name of the limited liability company D (E), the new cooperation group (F), and the cash card, the OTP card, and the password, which was linked to Kwikset Co., Ltd. established by the Defendant as the representative of the Defendant.
Summary of Evidence
1. Statement by the defendant in court;
1. Investigation report (to attach a detailed statement of account transactions in the name of a limited liability company D);
1. Application of Acts and subordinate statutes to the investigation report (verification of legal persons, etc.);
1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. The act of arbitrarily transferring the electronic financial transaction access media on the grounds of sentencing under Article 62(1) of the Criminal Act is very likely to infringe on the credibility of the safety performance of electronic financial transactions and cause secondary damage due to the use of such media for crime. In fact, the account of the access media that the Defendant transferred seems to have been used for the Internet gambling crime.
In addition, the Defendant: (a) established a limited company D for an abnormal loan of so-called so-called working loan; and (b) issued access media under the name of the corporation; (c) received a disposition of non-prosecution immediately before the instant crime by being investigated by using the access media for fraud; and (d) received a disposition of non-prosecution immediately before the instant crime; (c) the Defendant established a floating corporation for the purpose of obtaining abnormal loans without the intention to establish and operate it; and (d) sufficiently known the circumstances that the access media it transferred
Therefore, since the nature of the crime is considerably poor, it is necessary to punish the defendant strictly.
However, the defendant actually gained profit from the crime of this case.