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
Except as otherwise expressly provided for in other Acts, no person shall transfer or take over any access medium, or lend or take over any access medium in return for promising to receive any consideration.
Nevertheless, on October 17, 2016, the Defendant lent access media to the deceased in the name of the deceased in the morning and received cash. On October 17, 2016, at the Defendant’s house located in the Suwon-si, the Defendant sent the physical card of the NA bank account (C) opened in the name of the Defendant to the address of China, for which the above person was the deceased in the name of the defendant, and sent the password to the phone.
Accordingly, the Defendant transferred the access media used in electronic financial transactions.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes to the certificate of deposit in a non-mediate medium (7) and the data on financial transaction, and the Stockholm data;
1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the crime, the selection of punishment for the selective punishment, Articles 49 (4) 1 and 6 (3) 1 of the same Act, and the selection of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The grounds for sentencing under Article 48(1)2 and (2) of the Criminal Act include: (a) the fact that the Defendant received for 1.60,000 won and transferred access media to the Defendant; (b) the access media that the Defendant transferred was used for the commission of the phishing crime; (c) the Defendant’s mistake is against the Defendant; and (d) the Defendant’s primary offender is the primary offender; and (e) other favorable conditions for sentencing as indicated in the records, such as the Defendant’s age, sexual behavior, environment, motive and circumstance of the crime; and (e) the punishment is determined as indicated in the disposition.