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
In using and managing a means of access, no one shall promise to provide compensation, unless otherwise specifically provided for in any other Act, to lend the means of access.
Nevertheless, around February 14, 2019, the Defendant received a proposal from a nameless person C to the effect that “D operates a liquor company, and, in order to reduce or exempt taxes, 80,000 won per day, would be paid in 80,000 won if he/she lends the e-mail card.” On February 14, 2019, the Defendant sent the e-mail card to the above nameless person via two copies of the e-mail card, such as the e-mail card connected to the E-cooperative account (F) and the e-mail card connected to the G bank account under the name of the Defendant.
As a result, the defendant promised to pay compensation and lent the means of access to his name in return.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement to I;
1. Application of the replys and the details of account transactions (G) upon a request for the provision of financial transaction information;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the defendant recognized all of the crimes and reflects the fact that the defendant was punished three times by a fine due to the crimes committed in this paper. The crime of this case is a factor for sentencing favorable to the defendant. The crime of this case is committed in return for the payment of the electronic financial transaction medium, and the means of access that has damaged trust in the electronic financial transaction and has been leased is highly likely to be used for other criminal acts. The actual fact that the means of access that the defendant lent seems to have been used for crimes, such as scamphishing fraud, is considered as the factor for sentencing unfavorable to the defendant. It is determined as ordered in light