전자금융거래법위반
A defendant shall be punished by imprisonment for four 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 September 2, 2019, the Defendant listened to the statement that “on the face of sending a e-mail card, the Defendant would give a loan to KRW 7 million with interest of KRW 2.5% per month” from a person whose name is unknown, and without securing at all a guarantee method for receiving a e-mail card on the same day, sent the e-mail card connected to the Defendant’s name B/C account in the middle-gu, Daegu-gu, without securing a guarantee method for receiving a return of the e-mail card, to a person whose name is unknown through Kwikset Service Articles.
Accordingly, the Defendant transferred the means of access to electronic financial transactions.
Summary of Evidence
1. Application of Acts and subordinate statutes to the submission of data relating to a written statement of the defendant's legal statement D to an investigation report (Evidence Nos. 4, 5) (Evidence List)
1. Relevant Article of the Act on Criminal facts and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;
1. As the act of transferring a means of access for the reason of sentencing under Article 62(1) of the Criminal Act can be used as a means of electronic financial transactions to impair the security and reliability of electronic financial transactions and other crimes, the crime is not good, and the means of access transferred by the defendant was actually used for the crime of fraud.
However, the punishment as ordered shall be determined in consideration of all the sentencing conditions shown in the arguments of this case, such as the defendant's confession of the crime of this case and the mistake is divided, there is no record of punishment for the same kind of crime, and there is no record of punishment exceeding the fine, and the defendant's age, character and conduct, environment, family relationship, means and result of the crime, and circumstances after the crime.