전자금융거래법위반
A defendant shall be punished by imprisonment for four 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 lend any electronic financial transaction access medium with the knowledge that such medium may be used for a crime.
Nevertheless, the Defendant, on July 1, 2017, lent a medium of electronic financial transaction access to the name-non-name card called “C” to the name-specific, named “D” in the name of the Defendant’s bank account (B) with knowledge that it would be used in illegal loan business, at the Daejeon-dong, Daejeon-dong, Daejeon-gu, Daejeon-gu, by means of delivering one check card connected to the national bank account (B) in the name of the Defendant’s name, with the knowledge that it would be used in illegal loan business.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of each police suspect against the accused;
1. Statement made by the police for E;
1. A complaint, a statement of borrowing, and a statement of inquiries about transaction details, and a written statement of text;
1. Application of Acts and subordinate statutes on the transactions of deposits and withdrawal;
1. Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning the facts constituting a crime, the selection of punishment for an optional sentence, and the selection of imprisonment;
1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act: (a) in light of the fact that, even though being aware that it will be used for illegal loan business, the nature of the crime is inferior in that it lent the access media for electronic financial transactions; (b) the access media actually used for the crime of illegal loan business; (c) not only was punished by a fine for the same kind of crime; and (d) was more favorable to the fact that the suspension of indictment was imposed on two occasions; (c) the fact that the crime is recognized and is against the law; (d) there was no history of criminal punishment heavier than the fine; and (e) the above circumstances are determined as the same as the order by comprehensively taking into account the Defendant’s age, sexual behavior, environment, motive