전자금융거래법위반
A defendant shall be punished by imprisonment for six months.
Punishment of the crime
Except as otherwise expressly provided for in other Acts and subordinate statutes, no access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of the details of users and transactions shall be transferred to any third party.
Nevertheless, on January 2016, the Defendant transferred the physical card linked to the KB bank account (C) in the name of the Defendant to the person who was not a police officer in a non-permanent place, and notified the password.
Accordingly, the Defendant transferred to another person access media used to give transaction instructions in electronic financial transactions or to secure the authenticity and accuracy of users and transaction details.
Summary of Evidence
1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;
1. Statement made by the police against D;
1. A list of inquiries about the details of transactions conducted by electronic financial services;
1. Details of transactions (A Account) and details of the use of AR (A Account);
1. Investigation report (verification of the amount of damage and collection), investigation report (Attachment to CCTV video recording data, the page of which is recorded), CCTV video recording data at branches inside the KB National Bank;
1. Investigation report (number A and telephone conversations number specified on the date of crime), investigation report (Attachment of data on the result of execution of a warrant of search and seizure verification), customer information inquiry of financial accounts, transaction details, details of access to ARS, details of card use, investigation report (information on telephone related to the details of use of ADR by a national bank);
1. Investigation report (economic conditions at the time of committing the suspect);
1. A-used mobile phone (E) call details [the defendant and his defense counsel asserted that the defendant only lost his/her physical card and did not transfer it.
However, considering the following circumstances that can be recognized by each evidence of the judgment, the defendant can be recognized that the defendant transferred a physical card connected to his/her own bank account (hereinafter “the account of this case”) and notified the password and transferred the access medium. Thus, the above assertion is reasonable.