전자금융거래법위반
1. The punishment of the accused shall be four months of imprisonment;
2.Provided, That the above punishment shall be imposed for a period of one year from the date this judgment becomes final and conclusive;
Punishment of the crime
No person shall transfer or acquire any access medium used in electronic financial transactions.
On June 20, 2017, the Defendant would make a loan by making the details of entry and withdrawal transaction when sending a e-mail card by telephone from a person without his/her name.
“The contact was received”.
Although the Defendant was well aware of the fact that the criminal act of Bosing fraud is character and that there was no request for physical cards and passwords in order to obtain a loan, the Defendant, at around 14:00 on June 21, 2017, at the C convenience store located in Jin-si B, on June 21, 2017, sealed one physical card connected to the Defendant’s post office account (D) in the name of the Defendant, sent it to the instinkkset service article through the instinkset service article, and did not have any safety device to receive the physical card.
Accordingly, the defendant transferred the access media to the defendant.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes on account transactions and specifications of transactions;
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. In light of the fact that the instant crime on the grounds of sentencing under Article 62(1) of the Criminal Act, as well as impairing the safety and trust of financial transactions, can be abused as a means of other crimes, and that the account transferred by the Defendant has been used for the actual fraud, it is necessary to punish the Defendant strictly.
However, the sentencing conditions prescribed in Article 51 of the Criminal Act are determined by comprehensively taking account of the fact that the defendant seems to have no profit from the crime of this case.