전자금융거래법위반
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
In using and managing the means of access, no one may borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.
Nevertheless, on March 8, 2019, the Defendant received a proposal from a deceased person on his name at a place where he was not a police officer in his name, stating that “The Defendant shall be leased to his account for the purpose of saving taxes. It shall pay KRW 2,400,000,000 per day on the face of the week when he leased the e-mail card.” On March 8, 2019, the Defendant sent two copies of the e-mail card connected to the d bank account (E) in the name of the Defendant and the F (G) account to the deceased person on the face of the week.”
As a result, the Defendant promised to pay for, lent the means of access to electronic financial transactions.
Summary of Evidence
1. Defendant's legal statement;
1. A H statement;
1. Application of Acts and subordinate statutes to a certificate of confirmation of transfer, certificate of provision of financial transaction information, and details of financial transaction (Evidence Nos. 3 to 5);
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. Reasons for sentencing under Article 62(1) of the Criminal Act: The crime of this case is highly likely to be abused as a means of other crimes as well as impairing the safety and trust of financial transactions; the Defendant lent two copies of the card; the Defendant’s lending card was actually used for the crime of this case; the Defendant’s confessions and repents of the crime of this case; the profits gained from the crime of this case are not significant; the primary offender is the Defendant’s age, character and behavior, environment, motive and background of the crime; the means and consequence of the crime of this case; and other conditions of sentencing as shown in the argument of this case, such as the circumstances after the crime.