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 becomes final and conclusive.
Punishment of the crime
No one shall borrow or lend a means of access, or keep, deliver or distribute a means of electronic financial transactions in receiving, demanding or promising any compensation in using or managing the means of access.
On September 3, 2019, the Defendant issued a proposal to the effect that “a loan will be undermined. In order to obtain a loan due to bad credit, it is necessary to create transaction performance and make loans if sending a physical card.” On the other hand, the Defendant sent the physical card to the sub-party 1288, which is linked to B(C) in the name of the Defendant at the office of Namyang-si, Namyang-si, Gyeongyang-si, Gyeongyang-si, 1288, and sent the password of the above physical card to the B(C).
Accordingly, the Defendant promised to lend the means of access in consideration of intangible expectation interest that can receive a future loan by raising credit rating.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes on dialogue content to A Kakao Stockholm conversation content, which is submitted with a receipt related to the post office's home distribution (gold entry);
1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act concerning criminal facts (amended by Act No. 17297 of May 19, 202)
1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;
1. The reason for sentencing under Article 62(1) of the Criminal Act was that the victim of the instant electronic financial transaction was actually scaming due to the crime of violating the Electronic Financial Transactions Act.
However, considering the favorable circumstances that the defendant recognized the crime of this case and against himself, there is a wear and tear to support the defendant, and that the defendant's wife wanted to take the defendant's wife against the defendant, and the motive and circumstance of the crime including the above circumstances did not know that the cream card he lent was used for the singishing fraud crime.