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 became final and conclusive.
Punishment of the crime
No person shall transfer or take over any access medium in using or managing access medium under the Electronic Financial Transactions Act.
Nevertheless, on January 30, 2018, the Defendant would give a loan to the Defendant if he sent a e-mail card from a person who was unaware of his name in front of the Defendant’s dwelling in Seogu-gu, Daegu-gu.
“In receipt of the proposal, one physical card connected to the post office account (C) in the name of the Defendant was delivered to the above name in return for Kwikset service and intended to deliver it to the above name in return for the proposal.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of a written confirmation of transfer transaction and a warrant reply statute;
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.