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 person shall transfer or acquire any electronic card or other similar electronic information, certificate, password, or any other access medium in electronic financial transactions.
On March 3, 2017, the Defendant: “Around 15:00 on the same day, the Defendant sent a check to the Kwikseter a new bank account (C) in the name of the Defendant to the article of Kwikseter, who sent the Defendant’s name in front of the Defendant’s home located in Daegu Northern-gu B, Daegu Northern-gu, to make a loan by creating transaction details for one month; and (b) transferred the phone number by telephone to the non-knowner in electronic financial transactions.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes regarding transaction details;
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. For the reason of sentencing under Article 62(1) of the Criminal Act, the Defendant’s crime of this case needs to be strictly punished on the ground that the Defendant transferred the access media provided for the crime of massing multiple victims, such as the so-called Bosing, etc.
However, it shall be considered in light of the favorable circumstances that the defendant is the first offender of the same kind, that there is no other criminal history except twice before and after the fine, and that there is no other criminal history.
In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's motive and background of the crime in this case, the degree of damage suffered by the victim, the age of the defendant, and sexual conduct, shall be comprehensively determined as ordered.