전자금융거래법위반
A defendant shall be punished by imprisonment for four 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 a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.
However, around October 2017, the Defendant received a proposal from the needy that “it is necessary to collect money. It is necessary to lend the e-mail card only a day,” and accepted it, and then delivered one e-mail card connected to the account of community credit cooperatives (C) in the name of the Defendant in front of the e-mail on October 25, 2017. < Amended by Presidential Decree No. 28139, Oct. 25, 2017>
Accordingly, the Defendant promised to provide compensation and lent the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A complaint;
1. Certificates of transactions;
1. Application of Acts and subordinate statutes on correspondence data to financial institutions;
1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;
1. Circumstances unfavorable to sentencing under Article 62(1) of the Criminal Act: The lending of the means of access not only undermines the stability of electronic financial transactions and trust, but also provides the means of other crimes, such as Bosing, etc. In fact, it is necessary to strictly punish the means of access due to serious social harm. The circumstances in which the means of access leased by the Defendant was used for Bosing crimes are recognized as crimes: the fact that there is no record of crime exceeding the fine, and the fact that there is no record of crime exceeding the fine, and other factors of punishment as ordered by taking into account the following as a whole: the Defendant’s age, character and conduct, environment, motive and circumstance of crimes