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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
No one shall transfer or acquire any means of access, unless otherwise specifically provided for in any other Act, in using and managing the means of access.
The defendant, as a new citizen, recruited the means of access to one name C, transferred it to one person, and received 300,000 won per passbook in return for transfer.
1. The transfer of means of access under Defendant’s name
A. On August 20, 2012, the Defendant transferred a security card connected to the NongHyup Bank account (D) under the name of the Defendant to the said C and received KRW 300,000 in cash in return, from the roads in front of the Seocheon-gu, Seocheon-gu, Seocheon-si.
B. On January 2, 2015, the Defendant transferred a security card connected to an enterprise bank account (E) in the name of the Defendant to the said C and received KRW 500,000 in cash in return therefor.
2. On December 26, 201, the Defendant was issued with passbook, security card, and password, etc. connected to the NongHyup Bank account (G) in the name of Dong-gu, Nam-gu, Incheon, Nam-gu, and received from F around December 26, 201, from F, the passbook, security card, and password connected to the said F’s Agricultural Cooperative account in the name of Dong-gu and received KRW 300,00,00 in return for the issuance of passbook, security card, and password connected to the said F’s Agricultural Cooperative account.
In addition, from that time to January 23, 2015, the Defendant acquired the means of access from the above F, etc. over 33 occasions, such as the list of offenses, and transferred it to the said C.
Summary of Evidence
1. Defendant's legal statement;
1. Each police suspect examination report on H, I, J, K, L, M, N, P, Q, Q, S, F, T, U,V, W, and X;
1. Statement made by the police against Y, Z, and AA;
1. Application of AB-based application for opening an account;
1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning criminal facts;
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. Social service order under Article 62-2 of the Criminal Act;
1. Confiscation of the Criminal Act;