전자금융거래법위반
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
Except as otherwise provided for in any Act, no person shall transfer or acquire any access medium in using and managing access medium used in electronic financial transactions.
Nevertheless, on June 2016, the Defendant sent his name-free loan company employees (one person B) in front of the Chuncheon Tax Office located in the center of Gangwon-si, Gangwon-do, 115, to another name-free person, and opened cash cards and passwords connected to C’s bank account (D) with C’s bank account.
Accordingly, the defendant transferred the access media used in electronic financial transactions to another person.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A petition, details of transactions, a certificate of deposit verification, data on search and seizure warrant reply, and the application of a certified copy of a corporate registry;
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 reason behind the suspended sentence under Article 62(1) of the Criminal Act is that there is serious social harm caused by the crime of violating the Electronic Financial Transactions Act by transferring the media access to the sentencing, and that the Defendant has a record of transferring his/her access to the Nonindicted Party even in the middle of March 2016.
However, with respect to the Defendant’s violation of the Electronic Financial Transactions Act regarding the transfer of access media for policemen on March 8, 2016, the Defendant was sentenced and finalized by a fine of KRW 3 million on August 8, 2017 by this Court Decision 2017Da248, which was sentenced to a fine of KRW 3 million on August 8, 2017. The need to consider equity with the instant crime committed at a similar time, the Defendant’s confessions and reflects, and the fact that the Defendant seems to have no actual economic benefits, etc., shall be determined by the same sentence as the disposition, taking