Seized evidence 3, 5, or 6 shall be confiscated.

No person shall issue a transaction request in electronic financial transactions or transfer or take over a means of access used to secure the authenticity and accuracy of users and the details of such transaction.

On March 11, 2015, the Defendant received the means of access used for electronic financial transactions by means of taking the passbook and cash card out of the bank account in the name of D bank account (Account Number E) and the cash card kept 49 times in accordance with the promise, in order to transfer the passbook and cash card from the needy person via the Internet, at least 588-1 of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul. < Amended by Presidential Decree No. 23517, Mar. 11, 2015>

Summary of Evidence

1. Partial statement of the defendant;

1. Police seizure records;

1. 각 수사보고(피의자 휴대전화에 접속된 큐큐아이디 첨부, 큐큐 대화내역 및 교통카드 사용내역, 피의자 변소내역 확인 결과보고) 및 첨부자료

1. 수사보고(피의자 사용 휴대전화의 큐큐메신저 전송사진 파일 과 카카오톡 전송사진 파일 동일성 확인보고, 큐큐아이디 ‘F’의 실사용자 검토 보고) 법령의 적용

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 choice of imprisonment;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. On the grounds of sentencing under Article 48(1)1 of the Criminal Act, the sentencing conditions indicated in the records of the instant case, such as the age, character and conduct, family relationship, family relationship, home environment, motive and means of the commission of the crime, and the circumstances after the commission of the crime, shall be imposed in full view of the following circumstances.

Unfavorable circumstances: The instant crime is the acquisition of the means of access for electronic financial transactions, which not only harms the trust and safety of financial transactions, but also causes the means of access transferred due to such crime to be used for various criminal acts, such as telecommunications-based financial fraud.