전자금융거래법위반
A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
No one shall borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising to receive any consideration in using or managing the access medium.
Nevertheless, the Defendant, at around 12:00 on November 17, 2016, sent an advertising message to the location of his residence B, on condition that he would receive two million won in return for lending it to the community credit cooperative account (C) in the name of the Defendant, and that he would receive two million won in return for the use of it for three days.
Accordingly, the defendant provided access media to others in return for the promise of compensation.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of a deposit statement and financial transaction information (information on Defendant’s account) to statutes;
1. The applicable provision of Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts; the selection of imprisonment;
1. The access media of this case, in fact, leased by the Defendant for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution of the Criminal Procedure (the following circumstances favorable to sentencing), was actually used for licensing crimes.
Considering the purpose of the law in order to prevent financial fraud by strictly punishing the act of transferring or lending the access media, it is necessary to strictly ask the accused to commit the crime.
However, the defendant has no record of criminal punishment in addition to the fine that has not been imposed on one occasion, confession of the crime, and repent of the mistake.
In addition, the sentence shall be determined as ordered in consideration of the sentencing conditions shown in the records, such as the defendant's age, sex, and environment.