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
In using and managing a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.
Nevertheless, on December 18, 2018, the Defendant searched the Internet to obtain a loan from a police officer, and contacted a nameless person using B’s name named “C” with a view to contact, and issued Kwikset-based service article (E) with a nameless person, stating that “a loan will be made for a period of one year. I will loan 20 million won, and send a check card that can directly withdraw the loan interest by means of repayment method.” On December 18, 2018, the Defendant issued Kwikset-based service article (E) connected to the Defendant’s new bank (E) under the name of the Defendant through Kwikset-based service article (Skset-based) and a paper B, stating the named person’s named person.
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. A written statement;
1. Application of Acts and subordinate statutes to data submitted A (B modernization) ;
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 imposing a suspended sentence under Article 62(1) of the Criminal Act is that the act of lending the means of access is used as a means of crime, such as singishing fraud, and its harmful effects are serious and thus, it is necessary to strictly punish the means of access under the name of the defendant, and the fact that the means of access
However, the main sentence is to consider all the factors of sentencing indicated in the record, such as the defendant's age, character and conduct, environment, and motive and circumstance of the crime of this case, that the defendant recognized the mistake, there is no history of criminal punishment, that there is no benefit of the defendant acquired.