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 one year from the date this judgment becomes final and conclusive.
Punishment of the crime
Except as otherwise expressly provided for in any other Act, no one shall lend any access medium to use or manage any electronic card or other similar electronic information, certificate, password, or any other access medium in electronic financial transactions by requiring or promising to receive any consideration, unless otherwise provided for in any other Act.
On January 17, 2017, the Defendant: (a) received a proposal from a person who is a B agent working for an O corporation by telephone, and (b) lent the account for three days to a third party; (c) borrowed it; and (d) lent the access media in electronic financial transactions through Kwikset-gun’s account in the name of the Defendant at the “D office,” in which the Defendant working for Gyeongbuk-gun Co., Ltd., the same day, and (e) lent the physical card, each connected to Kwikset-gun’s account (Account Number: E) and our bank’s account (Account Number:F) through Kwikset-gun’s service, to notify him of the password, and to promise him of the password for consideration.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. A H statement;
1. Application of Acts and subordinate statutes on the receipt of deposits without passbook, details of transactions, and account transaction statement;
1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);
1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act lends access media upon receiving a promise to pay the price, and the access media has no record of being punished by the same crime or fine or heavier than the actual crime of telephone financial fraud. The recognition of the crime of this case reflects the fact that the Defendant committed the crime of this case, the fact that the Defendant did not participate in the telephone financial fraud, and the fact that he did not obtain the price, and all other favorable conditions for sentencing including the Defendant’s age, sex behavior, environment, motive or circumstance of the crime, and the circumstances after the crime, etc. shall be determined as per the disposition.