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 borrow or lend a means of access while receiving, demanding or promising compensation, or keep, deliver or distribute a means of access.
Nevertheless, on December 12, 2018, the Defendant received a promise from the non-member of the name card C located in Gyeonggi-si Kimpo-si, that “I will lend 4.8 million won if I lend 2 physical cards for three days” from the non-member of the name card, and sent it to the above non-member of the name card by inserting the D Association C Card (Credit Card No. : E) and D Association C Card (Credit Card No. : Card No. : G) in the name of the Defendant, and the Defendant’s name F.
Accordingly, the defendant demanded compensation and lent the means of access to electronic financial transactions.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Application of statutes governing H’s report on damage;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
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 outsourcing, and such social harm is serious.
The defendant's liability for the crime is not easy.
However, in full view of the following factors: (a) the Defendant’s motive and circumstance leading up to the instant crime; (b) the amount of relevant damage; (c) the number of means of access transferred; (d) the circumstances after the instant crime; and (e) the Defendant’s age, character and conduct, family relationship, economic circumstances; and (e) the previous criminal records, etc., the punishment shall be determined