전자금융거래법위반
A defendant shall be punished by imprisonment for four months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
No person shall, in using and managing a means of access, such as an electronic card used in electronic financial transactions and other similar electronic information, certificate, password, etc., borrow or lend a means of access while demanding or promising to receive compensation, unless otherwise specifically provided for in any other Act.
On December 28, 20219, the Defendant received a proposal from a person who is not the deceased person’s name and consented to the proposal that “The Defendant would offer a e-mail card of KRW 3 million under the name of the commission if he/she lends the e-mail card.” On December 28, 2019, the Defendant sent one e-mail card connected to the Defendant’s account under the name of the Defendant to the deceased person by using Kwikset Service around December 30, 2019. < Amended by Act No. 1604, Dec. 30, 2019>
As a result, the Defendant promised to pay for, lent the means of access used in electronic financial transactions.
Summary of Evidence
1. Defendant's legal statement;
1. Written complaints and statements prepared in D;
1. Application of the Acts and subordinate statutes concerning details of transactions, Kakakakao dialogue photographs, telephone conversations photographs, telephone conversations photographs, founders, personal information, and details of transactions;
1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act and the main sentence of Article 6 (3) 2 of the same Act concerning criminal facts and the selection of imprisonment with prison labor;
1. The following should be taken into account: (a) the Defendant’s reflection of the reasons for sentencing under Article 62(1) of the Criminal Act; (b) the Defendant’s primary offender; (c) the scale of substantial damage (six million won); and (d) the intent of