전자금융거래법위반
A defendant shall be punished by imprisonment for six 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
Except as otherwise expressly provided for in any other Act, no person shall transfer any access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction.
1. Nevertheless, as of December 12, 2017, the Defendant transferred the access media, such as (B) account number and password, related thereto, to a person who was unable to know that he/she was residing in Seoul Special Metropolitan City, Nowon-gu, as of December 12, 2017, on the condition that he/she received KRW 600,000 per head of the Tong from a person who was unable to know that he/she was residing in Seoul Special Metropolitan City, Nowon-gu.
2. On December 13, 2017, the Defendant transferred the number of the credit cooperative accounts (C) account in the name of the Defendant, and the corresponding physical cards, passwords, etc., to a person whose name cannot be known that he/she is residing in Seoul Special Metropolitan City, Nowon-gu, at the Daegu Northern Office located in 5777, at the center of the Daegu Northern-gu, Daegu Northern-gu, 2017, on the condition that he/she receives KRW 600,000 per head of Tong.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. Search and seizure inspection warrant and reply materials;
1. Photographs of text of a mobile phone;
1. Application of Acts and subordinate statutes on credit cooperatives account details;
1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions and the Selection of Punishment for the Crime, Articles 49 (4) 1 and 6 (3) 1 of the Act on Electronic Financial Transactions and Selection of Punishment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Strict punishment is required as it can be abused as a means of other crimes, such as tax evasion, scam, etc., by transferring a medium of access to the grounds for sentencing under Article 62(1) of the Criminal Act.
In fact, there was fraud damage related to the defendant's access media transferred by the defendant.
However, it is advantageous to the fact that the defendant recognizes his mistake and reflects it, and the defendant has no record of the same punishment.