전자금융거래법위반
A defendant shall be punished by imprisonment for one year.
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
In using and managing the means of access, no person may retain the means of access knowing that they are to be used in any crime.
On August 8, 2019, the Defendant received text messages from a person who was named as the first police officer B's leader, and asked for a loan to C by communicating with him, and then paid 4% of the fee to the above person who was named in the name of the Defendant. Upon receipt of a proposal to the effect that he was named as the first police officer B's leader, the Defendant consented to the loan by contact with C.
1. On September 3, 2019, the Defendant: (a) around 14:00, around September 3, 2019, kept the E Bank Body Card (Credit Card No. F) in the name of security guards at the seat of the management office of the Buddhist apartment located in the Young-si, Gyeonggi-si; (b) around September 3, 2019.
Accordingly, the defendant kept the means of access knowing that they will be used in the crime.
2. On September 4, 2019, the Defendant, at the H store located in G during Gyeonggi-si, around 16:50 on September 4, 2019, kept the J check (credit card number: K) in the name of a coffee staff.
Accordingly, the defendant kept the means of access knowing that they will be used in the crime.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Investigation report (No. 1, 3, and 10), C dialogue content, C Card photograph, and L dialogue;
1. Application of Acts and subordinate statutes to records of seizure, list of seizure and photographs of seized articles;
1. Relevant Article 49(4)2 and Article 6(3)3 of the Electronic Financial Transactions Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Social service order under Article 62-2 of the Criminal Act;
1. Sentencing for sentencing under Article 48(1) of the Criminal Act is based on the following circumstances: Defendant’s age, character and conduct, environment, motive and background of the instant crime, means and methods of the instant crime, and circumstances after the crime was committed.