전자금융거래법위반
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, with the intention of receiving, demanding or promising the payment thereof.
Nevertheless, on January 16, 2017, the Defendant promised to receive KRW 1,00,000 per month from a person in a name in the name in return for the promise to receive KRW 1,00,000 per month from a person in a name in the name in return for the issuance of a copy of the physical card connected to the account in the name of the Defendant through Kwikset Service.
Accordingly, the Defendant promised to pay the price, and lent the approaching media.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement in the police statement protocol against E;
1. Application of Acts and subordinate statutes on account transactions and A account transaction details;
1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);
1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following sentencing grounds) (the sentencing criteria are not set for a violation of the Electronic Financial Transactions Act)
The Defendant’s access media was actually used for phishing crimes, and the victims were generated (No. 45 pages of evidence records). If the Defendant did not lend the access media, decent people would not have become the victims of financial fraud.
Therefore, the defendant will be sentenced to imprisonment.
However, the execution of punishment shall be suspended in consideration of the fact that the defendant led to the crime, the same criminal record or the suspension of execution has no criminal record or any other criminal record, and the lent access media relates to one account.