전자금융거래법위반
A defendant shall be punished by imprisonment for not less than three months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
Except as otherwise provided for in any other Act, no one shall transfer any access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction.
Despite such fact, around December 9, 2015, the Defendant opened an enterprise bank account (C) under the name of the company B with limited liability at his/her own representative, and thereafter notified the account’s passbook and physical check to the name-free person. On December 16, 2015, the Defendant opened the post office account under the name of the above limited liability company B, and then notified the account’s passbook and physical check to the name-free person. On January 15, 2016, the Defendant opened the agricultural bank account under the name of the limited liability company B, and then notified the password by reporting the account’s passbook and physical check to the name-free person. On January 15, 2016, the Defendant opened the agricultural bank account under the name of the limited liability company B (F).
Accordingly, the defendant transferred the access media used in electronic financial transactions more than three times in total.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on transactions in a limited company BF account, documents attached thereto, and a statement of transactions, corporate bank account, post office account, and agricultural bank account;
1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on the Electronic Financial Transactions and the Selection of Punishment for the Crime (Selection of Imprisonment with prison labor)
2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;
3. Article 62 (1) of the Criminal Act on the suspension of execution;
4. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was that the Defendant opened an account under his/her name as his/her representative and transferred the relevant access media three times repeatedly, and the Defendant obtained benefits therefrom.
The transfer of an access medium for electronic financial transactions, such as the instant crime, is another means of crime.