전자금융거래법위반
A defendant shall be punished by imprisonment for six 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
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.
Nevertheless, around 15:00 on December 19, 2017, the Defendant: (a) obtained a loan, without any special restriction, from a person who is bad credit standing; (b) transferred Kwikset Service Articles with a title to the Daegu Bank Account (C) linked to the name of the Defendant; and (c) continuously transferred the access media by informing the person whose name was unknown of the password to the telephone.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Inquiry into the results of transfer and reply materials on each financial transaction information;
1. Application of statutes to determine the amount of damage refund, the content of the Kakao Stockholm conversation, the photo of the Kakao, the photograph of head of passbook, the transaction of Daegu Bank in E;
1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the crime, the selection of punishment for the selective punishment, Articles 49 (4) 1 and 6 (3) 1 of the same Act, and the selection of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Strict punishment is required as it can be abused as a means of other crimes, such as electronic financial fraud and tax evasion.
In fact, there was fraud damage related to the defendant's access media transferred by the defendant.
In particular, even if the defendant uses part of the amount of damage deposited into his own account, it is highly likely to be criticized due to the failure to recover the damage properly.
However, the fact that the defendant recognizes his mistake and reflects his mistake, and that the defendant has no significant penalty history exceeding the same kind of power and fine, etc. shall be considered in favorable circumstances.
In addition, the defendant's age, sex, environment, and motive for committing the crime;