A defendant shall be punished by imprisonment with prison labor for a maximum term of eight months or less.

Punishment of the crime

[2015 Highest 498]

1. No person who violates the Electronic Financial Transactions Act shall take over the means of access by financial institutions;

Nevertheless, on February 2015, the Defendant: (a) granted F KRW 300,00 from E’s house, Seo-gu, Daejeon, Seo-gu, Daejeon, to KRW D 201; (b) opened a passbook and physical card connected to the Agricultural Cooperative (H: the account number); and (c) purchased the above account’s password by receiving it through a Kakao x message, thereby taking over the means of access of financial institutions.

2. Around February 27, 2015, the Defendant made a false statement to the effect that “the Defendant, at the Defendant’s home located in Yanan-gun A, Chungcheongnam-gun, Chungcheongnam-gun, a building A, connected the Defendant’s cell phone to the “number of openings” which is an Internet site, and sold the gallonno 3 heavy mobile phone,” and that if the Defendant first deposited money to the victim JJ, the Defendant would send the above part of the cell phone to the Defendant’s home.

However, even if the defendant received money from the victim as the purchase price for the aforementioned mobile phone, he did not have the intention or ability to sell it.

Nevertheless, the Defendant received 230,000 won from the victim to the Agricultural Cooperative Account in the name of G in paragraph (1) on the same day.

Accordingly, the defendant was given property by deceiving the victim.

[2015Kadan459] On February 9, 2015, the Defendant inserted a letter to the effect that “the Internet site is sold” by accessing the Defendant’s home, “the Internet site,” from the Defendant’s home located in the Chungcheongnam-gun I and Dong 201 to the Defendant’s cell phone with the Defendant’s cell phone,” and that the Defendant would send the above heavy cell phone to the Defendant’s account when depositing money to the Defendant’s account.

However, even if the defendant receives money from the victim, he/she shall have the intention or ability to sell the mobile phone.