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A defendant shall be punished by imprisonment for six months.
The defendant is an applicant for compensation of KRW 610,00,00 for damage to K.
Reasons
Punishment of the crime
[criminal power] On November 10, 2015, the Defendant was sentenced to a fine of one million won by the Jeonju District Court for the crime of violating the Electronic Financial Transactions Act three times.
【Criminal Facts】
No one shall transfer any means of access used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction in using and managing the means of access, unless otherwise provided for in any other Act.
Nevertheless, on August 2017, the Defendant transferred the means of access, such as a post office account under the name of the Defendant (B) and a check card and password related thereto, to L from the Cheongju bus terminal located in the Heung-gu, Soung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do.
Summary of Evidence
1. Examination protocol of suspect regarding L by prosecution;
1. Each police interrogation protocol against the accused;
1. Each statement of K, M, N,O, P, J, Q, R and S;
1. Data on warrant of search, seizure and verification;
1. Application of a detailed statement of transfer and evidential materials submitted by each petitioner to statutes;
1. Relevant Article 49(4)1 and Article 6(3)1 of the Electronic Financial Transactions Act concerning criminal facts and the choice of imprisonment with labor;
1. Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuit citing a compensation order;
1. The reason for sentencing under Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of Sentence of Provisional Execution, even though the defendant had the past record of criminal punishment for the same crime, has committed the crime of this case; the victim of another crime has been multiple victims due to the means of access transferred by the defendant; on the other hand, the defendant has committed the crime of this case at an investigative agency; and