전자금융거래법위반
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
In using and managing the means of access, no one shall transfer or acquire the means of access, or promise to receive compensation therefor, unless otherwise specifically provided for in other Acts, lend or receive the means of access.
Nevertheless, on March 18, 2016, the Defendant: (a) lent the means of access to the account by receiving a call from a person with no personal seal from the person with no personal seal; and (b) lent the means of access to the account on March 18, 2016 to the Kwikset Service Articles who sent the above person with no personal seal on the roads front of the Kwikset Home Pungwon-dong, Suwon-dong, Suwon-gu, Suwon-si; (c) lent the means of access to the article and received the money for 10% of the amount of money deposited; and (c) sent the personal seal to the Defendant’s bank account (C) and notified the password by telephone.
Accordingly, the Defendant promised to borrow a means of access used in electronic financial transactions to receive compensation.
Summary of Evidence
1. Statement by the defendant in court;
1. The suspect interrogation protocol of the police as to B;
1. Copy of the statement made to D by the police;
1. Application of statutes on details of financial transactions;
1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;
1. The crime of lending the means of access under Article 62(1) of the Act on the Suspension of Execution is a means to facilitate other crimes, such as singing, gambling on the Internet, etc., and the Defendant knowingly committed a crime of pecuniary gain with knowledge that he/she may be punished as a crime of transfer or lending of the means of access (around August 2015, the Defendant committed a crime of pecuniary gain (around being charged with fraud and a suspicion of violating the Electronic Financial Transactions Act, and a disposition of non-suspect has been taken upon investigation). It is not confirmed that the Defendant actually provided the means of access to a loan to the extent that it is unfavorable, such as the fact that the means of access was actually provided for the crime