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 electronic card used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of the details of such transactions with users and other access media, such as a password, necessary for the use of such card, and information thereon, upon receipt of consideration, request or promise.
Nevertheless, on March 8, 2018, the Defendant, upon receiving a proposal from a person who was in fire, consented to the proposal that "only 6 days of the face-to-face loan, return 3 million won, and offer it." On March 8, 2018, the Defendant, at the bottom of the high-priced bridge located in the Nam-gu Seoul Metropolitan City, Nam-gu, Nam-gu, Gwangju, about 16:00, sent the physical card, password, connected to the passbook (B) of the head of the Nonghyup Bank in the name of the Defendant, to the needy person via Kwikset Service.
As a result, the Defendant used the electronic financial transaction in return for payment, demand, or promise.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. Application of Acts and subordinate statutes on a separate account list;
1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);
1. The act of lending a medium of access to the reasons for sentencing under Article 62(1) of the suspended sentence of the Criminal Act requires strict punishment as it can be used as a means of other crimes. The Defendant lent the instant access medium to the Defendant was also used for fraud crime.
However, in consideration of the fact that the defendant reflects the mistake, that the defendant does not have the same criminal record, and that the defendant has not acquired any benefit due to the crime of this case, the punishment as the order shall be determined.