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 borrow or lend any access medium, or store, deliver or distribute such medium by requiring or promising to receive any consideration in using or managing the access medium.
The defendant was aware that he could receive a certain amount of money when lending cash cards, which are an access medium, through a mobile phone advertising message received from a person who is not his name, with the awareness that he can receive a certain amount of money.
On July 2017, the Defendant used cash cards, etc. of the Industrial Bank of Korea’s account (C) in the name of the Defendant for three times a month, and received 15% of the amount traded into the said account as a commission, from the 4th apartment house located in Gangwon-si, Gangwon-gu, Gangwon-do, Gangwon-do, the Defendant used the said name in a way of building the Defendant’s name, on the condition that he will pay the said fee.
Accordingly, the defendant provided access media to others in return for the promise of compensation.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. Details of account transactions and application of the statutes governing information on opening;
1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act concerning the selection of punishment, the selection of imprisonment;
1. Considering the purport of the law that intends to prevent financial fraud by strictly punishing the act of transferring or lending the media access to the reason for sentencing under Article 62(1) of the Criminal Act (the following sentencing should be considered as favorable to the statement in sentencing), it is necessary to strictly impose the Defendant’s liability for the crime.
The Defendant’s access media was actually used for licensing crimes.
However, there are no criminal records of the same kind, confessions of crimes, and repents of errors.
In addition, the sentencing conditions indicated in the records, such as the defendant's age, sex, environment, motive and circumstances after the crime, etc., shall be determined as ordered.