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.
. Except as otherwise expressly provided for in other Acts and subordinate statutes, no person involved in an electronic financial transaction shall borrow or lend any access medium used in the course of receiving, requesting or promising the consideration therefor;
Nevertheless, around December 17, 2017, the Defendant, on the cell phone of the Defendant, sent the phone to the Defendant from a person who was unaware of his name, “If he sent the two head of the e-mail card, one head shall be a monthly head of the e-mail, and one head shall provide a loan to the Defendant up to 30 million won through a loan of work by the method of accumulating credit by making a deposit.
After receiving the proposal, "," it was accepted, around 19:00 on December 20, 2017, c apartment 503 dong ******** through the staff of the non-sicker's name, who visited in order to receive the physical card from the Defendant's residence on December 20, 2017, one head of the physical card and one password connected to the personal compromise account (Account Number: E) in the name of the Defendant and the personal compromise account in the name of the Defendant, and each password was written on the paper.
As a result, the defendant promised to pay credit rating through false deposit and receive future loans in return for the intangible expected profit, and used access media for electronic financial transactions to the name in the name of the accused.
Although several violations of the Electronic Financial Transactions Act are established by access media, a prosecutor was indicted for a single crime, and even if there are different legal evaluations on the number of crimes, there is no risk of causing a substantial disadvantage to the defendant's exercise of his/her right of defense, so such changes are recognized ex officio (see Supreme Court Decision 2005Do5996, Oct. 28, 2005). The summary of evidence is as follows
1. Statement of the defendant on the fourth public trial date by court;
1. Statement made by the police with regard to F;
1. Details of transactions by account;
1. Application of a copy of each protocol concerning examination of suspect;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;
1.Article 40 of the Criminal Code of Trade and Trade.