전자금융거래법위반
A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
No person shall transfer any access medium in using and managing the access medium.
On June 29, 2016, the Defendant opened the Agricultural Cooperative Account (C) in the name of the company B with limited liability in the name of the Defendant’s operation at the branch of Gangwon-gu Seoul Metropolitan Government, Chungcheongnam-gu, Chungcheongnam-do, and around that time, transferred Kwikset’s cash card, which is an access medium connected to the said account, to the name in front of Dong 2-7, located in the 2nd apartment of Jeonsan-gu, Seoul Metropolitan City.
Summary of Evidence
1. Statement by the defendant in court;
1. Written petition of D;
1. Application of Acts and subordinate statutes on financial transaction details and response data;
1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);
1. The reason behind the suspended sentence under Article 62(1) of the Criminal Act that is unfavorable to the reasons for sentencing (see, e.g., favorable circumstances among the reasons for sentencing) lies in: (a) transfer of electronic financial transaction access media to another person may cause damage to many and unspecified persons because it can be used for fraud, such as singing, etc.; (b) the account transferred by the Defendant was used for fraud; and (c) the crime of this case was committed by the Defendant by establishing the company and transferring the company’s access media to the company’s name.
A favorable reason is that the defendant is the first offender and is against the mistake.
In addition to the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined as per Disposition.