전자금융거래법위반
A defendant shall be punished by imprisonment for four 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
No one shall borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising to receive any consideration in using or managing the access medium.
The Defendant, with the knowledge of the fact that he could receive a certain amount of money when lending a check, which is an access medium, through a mobile phone advertising message received from a person who is not his name, was willing to lend the check card.
On July 2017, the Defendant sent the name of the deceased on the condition that the Defendant received 3 million won of the Saemaul Treasury Account (B) in the name of the Defendant in the name of the Defendant, at an insular district below the Haak-si, the Defendant:
On the one hand, Kwikset service articles were sent to Kwikset service articles.
Accordingly, the defendant provided access media to others in return for the promise of compensation.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes on receipts for transactions;
1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;
1. The Defendant’s instant access media that was leased to the Defendant for the reason of sentencing under Article 62(1) of the Criminal Act (hereinafter the following sentencing factors) was actually used for licensing crimes.
Considering the purpose of the law in order to prevent financial fraud by strictly punishing the act of transferring or lending the access media, it is necessary to strictly ask the accused to commit the crime.
However, the defendant has no record of criminal punishment in addition to the minor fines twice, and the defendant has led to confession of a crime and repent of a mistake shall be considered in favorable circumstances, and the punishment shall be determined as ordered in consideration of the sentencing conditions indicated in the records, such as the defendant's age, sex, environment, motive and circumstances after the crime, etc.