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 person shall receive any consideration and keep, deliver, or distribute any means of access. < Amended by Act No. 1518, Mar. 1, 2018>
Nevertheless, on September 26, 2016, the Defendant promised to receive 30,000 won per case or KRW 50,000,000 per transaction from the French site, and promised to receive fees from B, upon C’s request, delivered the means of access by transferring the passbook, physical card, password, etc. connected to the E-bank account in the name of D to the person in violation of the name. By January 24, 2017, the Defendant committed an act of delivering the means of access by transferring the means of access connected to the total of 63 accounts, such as the list of crimes in the attached list of crimes, to the person in violation of the name, to receive compensation and deliver the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of G and H;
1. Police suspect interrogation protocol regarding C (seven times, No. 8 times);
1. Application of Acts and subordinate statutes to a report on investigation (Attachment of materials relating to a list of crimes);
1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 of the Electronic Financial Transactions Act and Article 6 (3) 2 of the same Act concerning the selection of punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order is that the delivery of the means of access, such as this case, is serious as the act of facilitating the crime such as tax evasion and fraud.
The number of means of access delivered is large.
However, the defendant seems to have led to the confession of all crimes and reflect his mistake.
It is an initial crime without criminal force.
The punishment as ordered shall be determined in consideration of such circumstances, circumstances after the crime, the age, character and conduct, environment, etc. of the defendant.