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
Except as otherwise expressly provided for in any other Act, no 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 shall be transferred or taken over.
Nevertheless, on June 20, 2020, the Defendant accepted the proposal of a person without a name, who would give a loan of 12 million won at low interest rate. On June 29, 2020, the Defendant sent a physical card, which is an access medium connected with the account B (C) in the name of the Defendant, using the post office’s home page at the office of public interest in the head of Heung-gun, Seoul Special Metropolitan City, Seoul Special Metropolitan City, which was located in 15, due to the interest of the head of the Eup, and transferred the password to Kakao.
Summary of Evidence
1. Statement by the defendant in court;
1. A complaint;
1. Application of statutes on the certificate of account transfer;
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. The act of lending the media of access to the reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act needs to be strictly punished because it can be used as a means of other crimes. The access media of this case leased by the defendant is used for the fraud crime, the defendant recognizes and reflects his mistake, the defendant was unable to obtain benefits due to the crime of this case, and other factors of sentencing as ordered by considering the defendant's age, sexual conduct, motive and means of the crime, circumstances after the crime, etc. and various conditions of sentencing as shown in the trial process.