전자금융거래법위반
A defendant shall be punished by imprisonment for six months.
except that 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
No one shall transfer any means of access used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction in using and managing the means of access, unless otherwise provided for in any other Act.
Nevertheless, around July 18, 2018, the Defendant granted a loan to “C” restaurant located in Seogu-gu, Daegu, to the extent of KRW 10 million from a person who is unable to know his/her name at a low interest, and accepted a proposal to the effect that “the number, password, security card, and the authorized certificate ID and password are known at a low interest rate,” and then transferred the means of access by photographing two account numbers, passwords, authorized certificates, ID and their passwords in the name of the Defendant, to the person whose name is unknown, and informing him/her of the name is unknown, and by photographing two copies of the security cards connected to each of the above accounts and informing him/her of them to G.
Summary of Evidence
1. Defendant's legal statement;
1. A petition, a written statement (at least 4 pages of evidence), a complaint, and a written statement of H (at least 1/139 pages of evidence);
1. Application of the reply related to the provision of financial transaction information (one certificate, 367 pages), details of deposit and withdrawal, certification of details of deposit transaction (one certificate, 379 pages) Acts and subordinate statutes;
1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is an unfavorable sentencing factor against the Defendant, such as the following: (a) the fact that the Defendant transferred two copies of the card; and (b) the transferred card, etc. was used for actual fraud.
On the other hand, the defendant confessions the crime of this case and repents.