전자금융거래법위반
1. The defendant shall be punished by imprisonment for six months;
2.Provided, That the above sentence shall be executed for one year and six months from the date this judgment becomes final and conclusive;
Punishment of the crime
No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising compensation.
Nevertheless, on November 6, 2019, the Defendant promised to receive KRW 3 million from a person who had misrepresented the operator of a liquor business to use his account for three days, and lent one check card connected to one bank account (C) opened in the name of the principal in the security room of the Defendant’s residence in Kimpo-si on the same day, and one check card connected with D’s mother’s own bank account (E) by using his/her own house, respectively.
Accordingly, the Defendant promised to provide compensation and lent the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the F's statement of transfer of damaged funds;
1. Selection of a sentence under Articles 49(4)2 and 6(3)2 of the former Electronic Financial Transactions Act concerning criminal facts (amended by Act No. 17297 of May 19, 202)
1. Article 62 (1) of the Criminal Act;
1. Lending the means of access used in electronic financial transactions with the reason of sentencing Article 62-2 of the Social Service Order Criminal Act requires strict punishment as acts that facilitate other crimes, such as singing, singinging, fraud, etc.
As the defendant promises to receive compensation and lends the means of access, and as the deposit account delivered by the defendant is used in the Bosing Fraud, damage is caused, the defendant's responsibility is not weak.
However, the defendant shows an attitude against his or her wrongness while recognizing all his or her wrongness.
There is no benefit that the defendant has been punished for the same crime, nor that he has acquired directly for the crime.
In addition, sentencing, such as the age, character and conduct, family environment, circumstances of the crime, and circumstances after the crime, etc.