전자금융거래법위반
A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
Except as otherwise expressly provided for in any other Act, no person shall transfer a password, a user number, etc. registered with a financial institution or an electronic financial institution to use and manage access media, which is necessary for the use of physical cards and physical cards, which are access media of electronic financial transactions.
Nevertheless, around April 2016, the Defendant: (a) reported on the Internet job offering and job-seeking site of “Abmon,” stating that he/she seeks a person to open a mobile phone agent; and (b) listened to the statement that he/she establishes a limited company B; and (c) opened a limited company B on April 5, 2016; and (d) opened a bank account (Account Number: C) in the name of the company on April 7, 2016; and (c) delivered the passbook, cash card, and password, etc. of the said account at a bus terminal located in Seo-gu, Seo-gu, Seo-gu, Seoul at that time.
Accordingly, the Defendant transferred the electronic financial transaction access media.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspects of D;
1. Data to cut down the gambling site;
1. Application of the Acts and subordinate statutes on replies;
1. Relevant Article 49 (4) 1 and the main sentence of Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the facts constituting an offense, the selection of imprisonment, and the selection of punishment;
1. The main sentence of Article 62 (1) of the Criminal Act;
1. An unfavorable circumstance, such as the fact that the access media transferred by the defendant for the reason of sentencing under Article 62-2(1) of the Social Service Order Criminal Act and the main sentence of Article 59(1) of the Act on the Protection, Observation, etc. is used for gambling crime, the defendant recognized the crime of this case and reflects the crime of this case, favorable circumstances, such as the defendant's power, age, family environment, and motive and circumstance of the crime, etc., shall be determined as ordered by the order.