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 person shall, with respect to the use and management of a means of access, borrow or lend a means of access or store, deliver or distribute a means of access with the knowledge that such means are to be used for a crime or to be used for a crime.
Nevertheless, on April 2018, the Defendant: (a) received a proposal from a nameless person who misrepresented to the present consulting staff to the effect that he would have a higher credit point by repeatedly creating transaction performance by sending a physical card; and (b) accepted it; (c) then sent a copy of the physical card linked to the Defendant’s Agricultural Cooperative Account (Account Number: D) with Kwikset-gu B and fourth-class C office around the 5th day of the same month to the nameless person using Kwikset-gu, Daegu and fourth-class C office.
Accordingly, the Defendant knowingly lent the means of access used in electronic financial transactions.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. Details of withdrawal transactions, a detailed statement of deposit transactions, data on financial transaction information, and details of deposit and withdrawal transactions;
1. Application of Acts and subordinate statutes on the statement by the prosecution on the details ofF dialogue;
1. Relevant Article 49(4)2 and Article 6(3)3 of the Electronic Financial Transactions Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;
1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the suspended sentence shall be determined by taking into account the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the argument of the instant case.
In light of the fact that the act of transferring or lending the means of access under the Electronic Financial Transactions Act is not only detrimental to the security and reliability of electronic financial transactions, but also the means to facilitate other crimes, it is not likely to be a crime
In fact, the means of access provided by the defendant has been used in the crime.