전자금융거래법위반
A defendant shall be punished by imprisonment for 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
Except as otherwise expressly provided for in any other Act, no person 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.
Nevertheless, around 12:30 on March 20, 2018, the Defendant: (a) transferred access media by withdrawing KRW 2.77 million deposited in the said new bank account in cash and using it to a new bank account (B), which was linked to a new bank account (B) in the name of the Defendant, on condition that he/she receives KRW 3 million in return for the use of the check from a person whose name is unknown; (b) the Defendant informed Kwiksetset Service’s personal identification number to a person whose name is unknown; and (c) on March 23, 2018, the Defendant transferred the access media by withdrawing KRW 2.5 million deposited in the said new bank account in cash.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. C’s statement;
1. Application of the details of financial transactions, remittance evidence, and response data on financial transaction information to the 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. Article 62 (1) of the Criminal Act on the suspended execution;
1. Strict punishment is required as it can be abused as means of other crimes, such as telephone finance fraud and tax evasion, etc.
In fact, there has been fraud damage in relation to the access media that the defendant transferred, and the defendant has withdrawn the amount of damage and used part of it.
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 defendant's age, sex, environment, motive, means and result of the crime, circumstances after the crime, etc.