전자금융거래법위반
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
No person shall transfer or take over any access medium, or lend or take over any access medium in return for payment or in return for promise.
Nevertheless, on November 7, 2017, the Defendant lent a e-mail card before the entrance of Daegu-gu Seoul-gu, the Defendant received KRW 600,000 per day, instead of lending the e-mail card, and sent a copy of the e-mail card connected to the Saemaul Treasury Account (D) in his name to the non-sured person.
Accordingly, the defendant agreed to receive compensation and lent the electronic financial transaction access media.
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. Details of transactions, application of Acts and subordinate statutes on financial transaction data;
1. The applicable provision of Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts; the selection of imprisonment;
1. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution is an element of sentencing unfavorable to the Defendant, such as not only impairing the safety and trust of financial transactions, but also making the leased cards, etc. misused as a means of other crimes, and the fact that the cards, etc. leased by the Defendant were used for the actual fraud.
On the other hand, the fact that the defendant led to the crime of this case and is divided, and there is no significant benefit from the crime of this case, and that there is no record of punishment or fine exceeding the punishment of the same crime of this case, etc. are factors of sentencing favorable to the defendant.
In addition, the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, and all the circumstances constituting the conditions for sentencing as shown in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered.