전자금융거래법위반
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.
Nevertheless, on December 21, 2017, the Defendant may issue a passbook loaned at a low interest rate from a person who assumes a false name who assumes the staff of a lending company. However, on December 21, 2017, the Defendant sent a down-to-door card.
“Ch.” received proposals and consented thereto on January 3, 2018, and sent the e-mail card number and the above card number to the above-mentioned person, which is linked to the post office account (B) in the name of the defendant, at the office of origin located in 130-gil 7 of the Ma-ro, Ma-ro, Ma-ro, Ma-ro, Ma-ro, Ma-ro, Ma-ro, Ma-ro.
Accordingly, the defendant transferred the access media to the defendant.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of the Acts and subordinate statutes on response data by banks;
1. The applicable provision of Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act and the choice of imprisonment for a crime;
1. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution is an element of sentencing unfavorable to the Defendant, such as not only impairing the safety and trust of financial transactions, but also making it possible to abuse transferred cards, etc. as a means of other crimes, and the fact that the cards, etc. transferred by the Defendant were used for the actual fraud.
On the other hand, the fact that the defendant led to the crime of this case and is divided, and there is no significant benefit from the crime of this case, and that there is no record of punishment or fine exceeding the punishment of the same crime of this case, etc. are factors of sentencing favorable to the defendant.
In addition, the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, and all the circumstances constituting the conditions for sentencing as shown in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered.