전자금융거래법위반
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
No person shall transfer the means of access to electronic financial transactions.
On May 2017, the Defendant received a proposal from a person whose name is unknown, that “If he/she is a government-funded organization, and lends his/her e-mail card for three days, he/she would pay 80,000 won in consideration of the total amount of 80,000 won.” On June 26, 2017, the Defendant did not secure at all the means of guaranteeing the right to return the e-mail card, which was linked to the Defendant’s corporate bank account (C) on the front of the Daegu-gu Seo-gu, Daegu-gu, without securing the means of guaranteeing the right to return the e-mail card. The Defendant sent the e-mail card to Kwikset service articles whose name is unknown, and informed the password.
Accordingly, the Defendant transferred the means of access to electronic financial transactions to another person.
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
1. Copy of the statement made to D by the police;
1. Application of Acts and subordinate statutes, such as transfer certificate;
1. Relevant Article of the Act on Criminal facts and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;
1. As the act of transferring a means of access for the reason of sentencing under Article 62(1) of the Criminal Act can be used as a means of electronic financial transactions to impair the security and reliability of electronic financial transactions and other crimes, the crime is not good, and the means of access transferred by the defendant was actually used for the crime of fraud.
However, in light of the fact that the defendant seems to have no profit from the crime of this case, there is no record of punishment for the same crime, and other various sentencing conditions specified in the arguments of this case, such as the defendant's age, character and conduct, environment, family relationship, means and result of the crime, etc., the punishment shall be determined as ordered.