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 person shall transfer or acquire any electronic financial access medium to any third person.
Nevertheless, at around 11:00 on May 15, 2015, the Defendant transferred a physical card connected to the bank account opened and used under the name of the Defendant in front of the Jinju Health University, which was in the upper-dong of Jinju City, to a person with no name, along with a password, and transferred an electronic financial access medium.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. Application of Acts and subordinate statutes to certificates of deposit transaction;
1. Relevant Article 49 (4) 1 of the Electronic Financial Transactions Act and the main sentence of Article 6 (3) 1 of the Electronic Financial Transactions Act and the selection of imprisonment with prison labor concerning criminal facts;
1. In light of the fact that the physical card, etc. of this case transferred by the defendant for the reason of sentencing under Article 62(1) of the Criminal Act was used for the scaming crime and its risk is realized, that the defendant had the record of being sentenced to the suspension of indictment for the same kind of crime, and that the defendant was well aware of the risk of the crime of this case in the process, and that the defendant committed the crime of this case in addition, and that the defendant had the attitude of denying his own crime at the first investigative agency and avoiding his responsibility, etc., the criminal liability of the defendant is not less weak
However, the fact that the defendant reflects his criminal act late, that the defendant does not seem to have obtained any particular economic benefits due to the crime of this case, that there is no criminal force for the same crime, etc. shall be considered as favorable circumstances to the defendant, and the punishment shall be determined as ordered in consideration of various sentencing conditions as shown in the records and arguments of this case, such as the age, character and conduct of the defendant, etc.