전자금융거래법위반
A defendant shall be punished by imprisonment for six 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
In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising compensation, unless otherwise specifically provided for in any other Act.
Nevertheless, on March 11, 2019, the Defendant established a limited liability company B on March 11, 2019 according to the order of the above-mentioned person who received a proposal from the person who was not the name of the beneficiary, stating, “When sending the passbook under the name of the corporation, it shall create a transaction performance and loan KRW 5 million.”
3. At around 13. Around 13. The Guro-gu Seoul Metropolitan Government Corporate Bank digital branch, opened a corporate bank account in the name of a limited company B (Account Number C) and sent a passbook and an OTP device connected to the above account to the name in a dry and oral manner.
As a result, the Defendant promised to lend the means of access in return for intangible expectation interest that can receive future loans.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to each petition, statement, data submitted, replys, internal investigation reports (financial transaction information, such as details of transactions of the receiving account, and files attached thereto);
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. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., lending means of access prohibited by the Electronic Financial Transactions Act) (i.e., lending means of access, etc. may be misused for crimes, such as scaming, tax evasion, gambling, etc.) (i.e., taking into account the following factors: (i) having committed an act of lending means of access with the promise of compensation therefor; (ii) having committed an act of lending means of access as much as social abolition as possible; and (iii) having committed an act of lending means of access; and (iv) having committed such an act as taking into account the factors leading to a crime;