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 one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On March 2016, the Defendant received a proposal to the effect that “If he send a e-mail card and passbook and informs of the password, he/she will also borrow a loan even to a person with bad credit standing,” which he/she became aware of through Internet search.
Although the Defendant was well aware of the fact that fraud by using another person’s account is character and conduct in order to obtain a loan and that there was no request for a physical card and password, the Defendant did not have any guarantee device that could receive a return of the physical card, even if he knew of the fact that the fraud by using another person’s account was committed and that there was no request for the above communication, at the front of the Daegu-gu branch office in Suwon-dong, Seogu, Daegu-gu, as soon as the above communication was received.
Accordingly, the defendant transferred the access media to the defendant.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the suspect of the defendant, and a protocol concerning the examination of the police;
1. C’s authentic statements and written statements;
1. Application of text-based statutes;
1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);
1. The Defendant again committed the instant crime even though he/she was ordered to suspend indictment two times with similar contents in the grounds for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances of the following sentencing grounds), and the Defendant’s access media that he/she transferred was used for other crimes, and the Defendant’s bona fide victim was committed is disadvantageous to the Defendant.
The fact that the defendant was committed to obtain a loan in an economically difficult situation as an bad credit holder, and that the defendant seems not to have obtained economic benefits from the crime of this case, is the circumstances favorable to the defendant.
In addition to these points, the age, sex, intelligence, and intelligence of the defendant.