전자금융거래법위반
A defendant shall be punished by imprisonment for one year.
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
No person shall receive, request or promise to keep, deliver or distribute a means of access.
Nevertheless, on June 2019, the Defendant accepted a proposal from a person who was unaware of the name of "C" that he/she became aware of through "C", and received it from a person who was unaware of the name of "C", "on the face of delivery by collecting and delivering 80,000 won per case," and then, on the 27th of the same month, at around 23:00 of the same month, he/she kept a total of 12 e-mail cards from a person who was not injured in accordance with the instructions of the person who was not injured in his/her name, as stated in the list of crimes in attached Form 12, from that time until July 2, 2019.
Accordingly, the defendant has kept the means of access in return for receiving, demanding or promising compensation.
Summary of Evidence
1. Defendant's legal statement;
1. Records of seizure, list of seizure and photographs of seized articles;
1. Each investigation report (G bank's check check-keeping, vehicles operated by a suspect to the vicinity of a crime, documents attached to the suspect's "B" dialogue, documents on deposit of criminal proceeds, deposits of criminal suspects, reports on the analysis of suspect's mobile phones, and preparation of a list of crimes);
1. B dialogue between the suspect and the non-permanent district policy;
1. Application of Acts and subordinate statutes of the informant H’s I dialogue content and of the witness J’s B dialogue content;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;
1. Scope of recommended sentences according to the sentencing criteria;
(a) Crimes Nos. 1, 2, and 3 (Violation of the Electronic Financial Transactions Act) / [decision of types] / [Type 2] Offense for Business, Organization, and Use of Electronic Financial Transactions Act [Special / mitigated elements] : simple.