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.
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.
On April 2, 2015, the Defendant sent a physical card connected to the post office account (Account Number B) under the name of the Defendant to a person who was unaware of his/her name before the Go River school located in Bupyeong-gu, Seocheon-gu, Seocheon-gu. In addition, the Defendant sent the means of access by informing him/her of the password.
Summary of Evidence
1. Defendant's legal statement;
1. Entry of C’s statement;
1. Application of Acts and subordinate statutes to write down account transactions;
1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act;
1. Circumstances favorable to sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc.: The defendant seems to have led to the confession of the crime in this case and repent of his mistake, and the defendant has no record of punishment yet to be punished: The act of transferring the means of access to electronic financial transactions, such as the crime in this case, such as the crime in this case, is not only impairing the safety and reliability of electronic financial transactions, but also has a significant adverse impact on society, such as mass production of a large number of victims, etc.; actual occurrence of victims by the account in this case; the defendant has already been investigated and punished for the same kind of crime (two times of suspension of indictment, twice of fine) but also led to the crime in this case again without being aware of it, and other circumstances under Article 51 of the Criminal Act are taken into account.