전자금융거래법위반
A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
No person shall transfer the access medium in using and managing the access medium.
On August 4, 2016, the Defendant transferred cash cards, OTP (Security Cards) connected to the Agricultural Cooperative Account (C) in the name of the company with limited liability, the representative director of the company, to the non-resident in the vicinity of the Jeonju High School located in Busan High School (Seoul High School) around 23:00 on August 4, 2016.
Summary of Evidence
1. The defendant's legal statement (the date of the second public trial shall be the date);
1. Each statement of D, E, and F;
1. The application of the statutes to reply to requests for financial transaction information (such as an account application);
1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions for the crime;
1. Selection of imprisonment with prison labor chosen;
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is against the defendant's recognition of the crime of this case and the mistake, and the fact that there is no record of criminal punishment is favorable to the defendant.
However, the act of transferring the electronic financial transaction access media without permission is very likely to infringe the reliability of the safety performance of the electronic financial transaction and cause secondary damage due to the use of the crime, and the account of the access media transferred by the defendant was used for fraud.
In addition, since the defendant establishes a corporation that is the representative of the defendant without the intention to actually establish and operate the company and transfers the electronic financial transaction access media connected to the account in the name of the corporation, there is a lot of need to punish the defendant.
These points are disadvantageous to the defendant.
The punishment as ordered shall be determined by taking into account all the circumstances prescribed in Article 51 of the Criminal Act.