전자금융거래법위반
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On April 25, 2017, the Defendant is a member of the Agricultural Cooperative, who is a cellular phone from a person who has no name.
When sending the e-mail card, it is intended to implement the loan of the Masppbook by raising the transaction performance.
“The contact was received to the effect that “.......”
Although the Defendant was well aware of the fact that the fraud by using another person’s account is character and conduct and that there was no request for a e-mail card and password in order to obtain loans, on April 26, 2017, at the D cafeteria operated by the Defendant in Daegu-gu, Daegu-gu, the Defendant sent the e-mail card related to the Defendant’s community credit cooperative account (E) to the Defendant and notified the password, and did not provide any guarantee device to receive the above e-mail card.
Accordingly, the defendant transferred the access media to the defendant.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement;
1. Application of detailed statements of deposit transactions and replys to details of financial transactions to statutes;
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. Strict punishment is required as it can be abused as a means of other crimes, such as tax evasion, scam, etc., by transferring a medium of access to the grounds for sentencing under Article 62(1) of the Criminal Act.
In fact, there was fraud damage related to the defendant's access media transferred by the defendant.
However, the defendant's mistake is recognized and reflected, and the defendant has no same criminal history, etc. shall be considered as a favorable situation.
In addition, the sentencing conditions, such as the defendant's age, sex, environment, motive, means and result of the crime, circumstances after the crime, family relationship, etc., shall be determined as the order.