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 one year from the date this judgment becomes final and conclusive.
Punishment of the crime
No one shall borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising to receive any consideration in using or managing the access medium.
Nevertheless, on January 23, 2017, the Defendant borrowed each physical check card, etc. from the No. D and the new bank account (E) in the name of the Defendant in the name of the Defendant in front of the C Child Care Center located in Gangseo-gun, Gangwon-do, Seoul, and around January 23, 2017, to a person who was aware of the fact that he/she received a letter and borrowed the account as a tax issue for one month, and received a total of 2.8 million won, and sent by the said person who was not aware
On the one hand, it was replaced by the method of hanging on the door-to-door engineer.
Accordingly, the defendant provided access media to others in return for the promise of compensation.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement;
1. Application of Acts and subordinate statutes on trading;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Considering the purport of the law that intends to prevent financial fraud by strictly punishing the act of transferring or lending a medium of access to the reason of sentencing under Article 62(1) of the Criminal Act (the following sentencing should be taken into account), it is necessary to strictly impose the Defendant’s liability.
The Defendant’s access media of this case was actually used for the phishing crime.
However, the defendant has no record of criminal punishment, confessions a crime, and repents a mistake.
In addition, the sentence shall be determined as ordered in consideration of the sentencing conditions shown in the records, such as the defendant's age, sex, and environment.