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 became final and conclusive.
Punishment of the crime
With respect to the use and management of a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in exchange for compensation, demand or promise, unless otherwise expressly provided for in any other Act.
On March 16, 2018, the Defendant: (a) received a proposal from a person with no personal standing in front of C in the name of the Defendant, stating, “I will lease the passbook for 15 days to the account of community credit cooperatives (D) in the name of the Defendant; and (b) sent one physical card connected to the account of community credit cooperatives (D) in the name of the Defendant to the person with no personal standing in the name of the Defendant, and sent the password necessary for the use of the card to the person with no personal standing.
Accordingly, the Defendant promised to provide compensation and lent the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes on the details of financial information return, customer information, and account transactions;
1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;
1. The reason for sentencing under Article 62(1)(C) of the Criminal Act is that the means of access that the Defendant promised to pay and lent was used for the crime of Bosing, and that the damage was committed is disadvantageous to the Defendant.
However, the defendant's mistake is recognized and the defendant reflects his mistake through the short-term confinement life, considering favorable circumstances that the defendant does not seem to have actually received any consideration, and other sentencing conditions specified in the arguments shall be comprehensively considered, and the punishment shall be determined as ordered by the order.