전자금융거래법위반
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
[Criminal record] On October 20, 2017, the Defendant was sentenced to a suspended sentence of two years for fraud at the Incheon District Court on June, 2017, and the judgment became final and conclusive on October 28, 2017.
[Criminal facts] No person may transfer a medium access to electronic financial transactions.
Nevertheless, on December 8, 2016, the Defendant transferred a cash card connected to the post office account (K) in the name of the Defendant using a home line at the Buddhist area of Incheon (hereinafter referred to as Incheon) around December 8, 2016 and transferred a medium of access to electronic financial transactions by informing the password.
Summary of Evidence
1. Statement by the defendant in court;
1. Account transactions;
1. Previous convictions in judgment: To search a net case, and to apply each statute of the judgment;
1. Relevant Article of the Act on Criminal facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment);
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.
A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.
Unfavorable circumstances: The defendant's access media was actually used for the secondary crime and the damage was incurred.
Before committing the instant crime, it is likely to repeat a crime by committing an act in violation of the Electronic Financial Transactions Act.