전자금융거래법위반
A defendant shall be punished by imprisonment for six 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 June 11, 2019, the Defendant heard the Defendant’s statement that “on the face of sending a e-mail card, 3 million won will be lent, and withdrawal of the payment will be made.” On June 11, 2019, the Defendant, without securing at all the means of guaranteeing the right to return the e-mail card at around 14:00 on June 11, 2019, delivered the e-mail card linked to the Defendant’s name bank account (C) to the e-mailed party using the e-mail card that is linked to the Defendant’s name Bbank account (C).
Accordingly, the Defendant transferred the means of access to electronic financial transactions.
Summary of Evidence
1. Defendant's legal statement;
1. Written complaints and statements of D;
1. Application of the details of transactions, text messages, and transfer receipts by period of receipt, and the response statutes related to the provision of financial transaction information;
1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the choice of imprisonment;
1. Since the crime related to the means of access with the reason for sentencing under Article 62(1) of the Criminal Act can be abused as a means of other crimes, it is necessary to strictly punish the means of access, and the fact that the means of access in this case was actually used for other crimes, causing damage to the Defendant is disadvantageous to
On the other hand, the fact that the defendant recognized his mistake and did not repeat the crime while reflecting, and that there is no criminal record for the same kind of offense and no criminal record exceeding the fine, etc. are favorable to the defendant.
In addition, all other circumstances, such as the degree of damage, details of the crime, circumstances after the crime, records of the crime ( many previous criminal records), and the prosecutor's life (six months of imprisonment) shall be determined as ordered.