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 July 10, 2017, the Defendant would make a loan to KRW 23 million 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 a physical card and password to obtain a loan, the Defendant, on July 11, 2017, on the roads in front of clothes operated by the Defendant in Seosan-si B, on the 16:00 roads in front of the post office account in the name of the Defendant, and one physical card connected to the bank account (C) and the Korean bank account (D) were sent to the non-indicted, respectively, through a non-indicted taxi engineer, and did not have any safety device to receive a return of 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 the statutes on the details of transactions in each account and the Kakao Stockholm dialogue;
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.