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
In using and managing the means of access, no one shall, unless otherwise specifically provided for in any other Act, acquire or lend the means of access for the purpose of using it for a crime or be used for a crime, or keep, deliver or distribute the means of access.
On September 2, 2016, the Defendant received a summary order of a fine of two million won due to a violation of the Electronic Financial Transactions Act from the Incheon District Court Branch on September 2, 2016, and was subject to a disposition of non-prosecution (not suspected) on December 29, 2016 due to a violation of the same Act, and was not assigned or issued to another person, and the means of access is not allowed to be transferred or delivered to another person, and if the means of access is delivered to another person, there is a possibility of using the means of access for crimes, such as hostinging, and it may not
Nevertheless, at around 14:00-15:00 on December 21, 2018, the Defendant sought the word, “a method for repayment of principal and interest,” from a person in front of the building in Yeongdeungpo-gu Seoul Metropolitan Government, and sought the word, “a method for redemption of principal and interest,” and, as above, knew that it would be used for a crime, such as pressing, etc., the Defendant sent a physical card connected to the bank account in the name of the Defendant via Kwikset Delivery Board, and delivered the means of access by way of delivering the password to the person in distress, and transmitting the password to E.
As a result, the Defendant knowingly delivered the means of access to a crime such as scam, etc.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Statement of victim of F;
1. A detailed statement of withdrawal transactions, a written application for bank transaction (A), and details of entry and withdrawal transactions;
1. Criminal records, previous records of dispositions and non-prosecution records, etc., previous records of dispositions and summary orders, etc., and the application of Acts and subordinate statutes concerning investigation reports (a copy of interrogation protocol of the relevant case attached to the prosecutor's office);