전자금융거래법위반
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
No person shall lend any access medium with a promise to pay for the use and management of the access medium.
Nevertheless, on March 2017, the Defendant borrowed the cream card to be used to reduce the tax of liquor companies from the person who was in the name of the senior police officer on March 2017 and paid KRW 2 million to him.
“In response to the e-mail received e-mail and promised to receive KRW 2 million per head of the e-mail, and then leased Kwikset’s access media to the e-mail by transferring Kwikset’s e-mail, linked to the Saemaul Bank Account (E) in the name of the Defendant, to the above-known person via Kwikset’s Services on March 2017.
Accordingly, the Defendant promised to pay for the price and lent the approaching media.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made to F;
1. Application of Acts and subordinate statutes on deposit details and account transactions;
1. The applicable provision of Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts; the selection of imprisonment;
1. It is so decided as per Disposition by comprehensively taking account of all the conditions of sentencing under Article 51 of the Criminal Act, including the background leading to the crime for sentencing under Article 62(1) of the Criminal Act, the fact that there is no record of punishment for the same kind of crime, the period of detention for the defendant, his age, sexual behavior, environment, etc.