전자금융거래법위반
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Criminal facts
No person shall use a means of access acquired by force, embezzlement, or deceiving or threatening another person.
Nevertheless, around 18:05 on January 14, 2014, the Defendant released total of 66,434,000 won with the cash card obtained from January 8, 2014 to January 14, 2014, by inserting in cash the cash card (D) in the Agricultural Cooperative (C) in the name of the means of access that was acquired by deceiving B at the point of access located in the labor force of the Dongjak-gu Seoul Metropolitan Government Nowon-gu 42-11, and withdrawing KRW 499,00,00 from January 8, 2014 to January 14, 2014.
Accordingly, the defendant used the means of access acquired by deceiving people.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement to E, F, G, H, I, J, and K;
1. Each written statement of L and M;
1. Copies of seized articles, photographs of withdrawal, contents of Kakao text, photographs of transmission, and copies of digital notes;
1. Application of Acts and subordinate statutes on seizure records and list of seizure;
1. Relevant Article 49 (1) 5 of the Electronic Financial Transactions Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is a crime involving many unspecified persons, and the role of the person responsible for committing the crime is subdivided and organized, and the method of committing the crime is very intelligent and planned, and thus the nature of the crime is very poor. The Defendant took part in the aforementioned method of cash withdrawal, lending, lending, and transferring the account, etc., and the fact that the amount of damage was not significant is disadvantageous to the Defendant.
On the other hand, the fact that the defendant recognized the crime of this case and is against the defendant, there is no record of criminal punishment, and that the period of the crime is relatively short, and that the defendant seems to have little profits from actual acquisition is favorable to the defendant.
The defendant's age, character and conduct, occupation, intelligence and environment, and motive and background of the crime.