전자금융거래법위반
A defendant shall be punished by imprisonment for not less than three months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Punishment of the crime
No person shall, in using and managing the means of access, borrow or lend the means of access or store, deliver or distribute the means of access with the knowledge that they are to be used for a crime or to be used for a crime.
Nevertheless, the Defendant, on February 19, 2019, should file an application with a name-free person who assumes the name of B to create the details of the deposit and withdrawal as if he/she is required to obtain a loan. The Defendant received communication from a company funds that “the delivery of a e-mail card to create the details of the deposit and withdrawal.” Although he/she could not obtain a loan with the Defendant’s credit, he/she obtained a so-called “illegal working loan,” which is obtained a loan by deceiving a lending company by raising credit rating by creating a false transaction performance and raising a false credit rating. On February 19, 2019, the Defendant sent a e-mail card connected to the Defendant’s account in the name of the Defendant at the name-free post office located in Daegu-gun-gun Seoul Special Metropolitan City, to a name-free person.
Accordingly, the Defendant lent the means of access knowing that it will be used for crime purposes or crime.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. Application of statutes on the transfer of the amount of damage, the statement of request for investigation cooperation, response to request for investigation cooperation, and F text;
1. Relevant Article 49(4)2 and Article 6(3)3 of the Electronic Financial Transactions Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act suspended execution (see, e.g., the fact that the defendant recognized the crime of this case, the fact that the victim of singinging immediately requested the financial institution to suspend payment and the actual damage did not occur as soon as the victim requested the financial institution, and that there was no criminal records