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 one year from the date this judgment becomes final and conclusive.
Punishment of the crime
No person shall transfer or take over any access medium in using and managing any access medium of electronic financial transactions, unless otherwise specifically provided for in any other Act.
Nevertheless, at around 18:00 on June 28, 2015, the Defendant sent a copy of the physical card connected to the Daegu Bank Account (D) in front of the Mamkset-gu, Daegu-gu, Daegu-gu, and on the street, and transferred the electronic financial transaction access media via Kwikset-based service.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of a detailed statement of transactions and a reply letter to transactions in passbooks;
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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Although the reason for sentencing under Article 62-2 of the Criminal Code of the community service order had a record of being sentenced to a fine of two million won for the same crime, the Defendant transferred the electronic financial transaction access medium to another person, and as a result, the above access medium was used for the fraud crime, the Defendant’s responsibility is very heavy.
However, the sentencing conditions, such as the defendant's age, sex, environment, motive and circumstance of the crime, relationship with the victim, circumstance after the crime, etc., shall be determined as ordered by considering the fact that the defendant has led to the confession of the crime and the attitude of reflecting the defendant, the defendant has no record of being subject to more severe punishment than twice a fine, and the defendant has no record of being punished.