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 person shall lend any access medium used in electronic financial transactions in return for consideration.
Nevertheless, around 14:00 on July 12, 2018, the Defendant promised to receive KRW 3,000,000 in return for lending the check from a person in the name in front of the month in which he borrowed the check from the person in the name in front of the revised convenience store located in the Busan Dong-dong, Busan. In addition, on the part of Kwikset service article, the Defendant used Kwikset service article to substitute one check to the new bank account in the name in the name of the Defendant.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Application of Acts and subordinate statutes to inquire about certificates of deposit and details of 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. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered in light of the following circumstances: (a) the Defendant’s age, sexual conduct, environment, family relationship, motive and consequence of the crime; and (b) the circumstances constituting the conditions for sentencing as specified in the instant pleadings.
The favorable circumstances: The error is divided in depth.
No benefit acquired by a crime is confirmed (the defendant was not found to have received the benefit).
D. In the economic difficulty, the circumstances leading to the crime are peeped even though the judgment is too difficult.
It is the first crime.
Unfavorable circumstances: The Defendant’s access media was used for the loan ice fraud crime (the damage amount is KRW 3 million). The so-called large passbook is essential for various types of crimes, such as the loan phishing fraud, and the use of such large passbook is widely known to the general public. Therefore, it is necessary to strictly punish the supplier and prevent various crimes.