전자금융거래법위반
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
No person may transfer or acquire a means of access to any other person in using or managing the means of electronic financial transactions.
Nevertheless, around September 26, 2019, the Defendant, with the support of the member-gu in Ansan-si, sent a personal card to the 107 Agency Postal Service Bureau, and “B Bank Trustee C. The customer, who has any foreign performance, will prepare the transaction performance in a foreign country and make the loan be made if he/she sent a personal card with any foreign performance.” At the request of a person who has no name, the Defendant sent a personal card connected to the D Bank Account (E) under the name of the Defendant, and notified the password.
As a result, the Defendant transferred the means of access to another person in using and managing the means of access in Defendant’s name.
Summary of Evidence
1. Statement by the defendant in court;
1. Certificates of transaction transfer;
1. Application of Acts and subordinate statutes on the report of investigation to suspects;
1. Relevant Acts concerning criminal facts and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was that the Defendant was dismissed twice due to the suspicion of violating the Electronic Financial Transactions Act, and the Defendant once again transferred the means of access under the name of the Defendant, despite recognizing the social harm and injury of the act.
The above means of access was used for the crime of Bophishing, and the occurrence of a serious victim.
However, the defendant recognizes his mistake.
According to the evidence submitted, the defendant seems to have been aware of the crime of this case in order to obtain a loan, and there is no evidence to deem that he acquired a direct benefit through the crime.
In addition, the previous criminal records (the previous criminal records due to occupational embezzlement), the age, character and conduct, environment, motive, means and result of the crime of the defendant.