전자금융거래법위반
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.
Punishment of the crime
In using and managing the means of access, no one shall commit any act of lending the means of access while promising to receive any consideration, unless otherwise specifically provided for in other Acts.
Nevertheless, the Defendant, at around 15:00 on January 3, 2019, borrowed KRW 3 million from a person who misrepresented the “D” in front of the C factory located in the following city B, the Defendant, at around 15:00 on January 3, 2019.
When sending the e-mail card, us will proceed with the loan and send the e-mail card to find interest from the account.
It shall be refunded if all of the loans are repaid.
“A” accepted a horse and then delivered a e-mail card connected to the account (E) in the name of the Defendant to receive the loan through Kwikset Service Articles.
As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement concerning F;
1. Application of Acts and subordinate statutes to written confirmation of transfer results;
1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;
1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the defendant recognized the crime and reflects the fact that there is no same criminal record, and the crime of this case is a factor for sentencing favorable to the defendant. The crime of this case requires strict punishment because it infringes on trust in electronic financial transactions and lends the means of access to other criminal acts is highly likely to be used for other criminal acts. The actual fact that the means of access leased by the defendant is deemed to have been used for the crime such as singishing, etc. is considered to be the factor for sentencing unfavorable to the defendant. In addition, the punishment was determined as ordered in consideration of the defendant'