전자금융거래법위반
A defendant shall be punished by imprisonment for six months.
However, 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, borrow or lend a means of access while demanding, demanding or promising compensation therefor.
Nevertheless, on February 19, 2019, the Defendant, prior to the port of Busan Western bus terminal No. 201, Busan Seo-gu, Busan, Busan, on the 3th subway of the Busan, Busan, Seo-gu, Busan, the Defendant: (a) heard the horses that “I will send a physical card in preparation for a case where I want to flee with money, I will reduce 300,000 won; (b) I will send a physical card to BB bank account in the name of the Defendant; and (c) issued one physical card connected to BB bank account in the name of the Defendant, and notified the password.
As a result, the Defendant promised to receive 300,000 won per day as a commission in return for an intangible expected profit, and lent the means of access to the name in favor of the accused.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. Application of Acts and subordinate statutes to the customer information inquiry and the details of transactions of admission and withdrawal;
1. Relevant Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act concerning criminal facts, and the choice of imprisonment with labor;
1. Article 62 (1) of the Criminal Act;
1. The act of lending the means of access with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is an act that facilitates various crimes, such as tax evasion, Internet gambling, and scaming, and the social harm of the means of access is not severe.
Furthermore, the defendant is also subject to the suspension of indictment due to suspicion of violating the Electronic Financial Transactions Act.
However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the Defendant reflects the mistake; (b) the motive and circumstances leading up to the instant crime; (c) the number of means of access transferred; (d) the amount of relevant damage; (e) the circumstances after the instant crime; and (e) the age, character and conduct, family relationship, and economic