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 borrow or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising compensation.
Nevertheless, on January 14, 2020, the Defendant listened to the statement that “When sending a three-month transaction check of identification cards, the business registration certificate, and the main transaction passbook, the Defendant will use the check and make loans.” On the same day, the Defendant used Kwikset services in front of the Gyeongcheon-si B in the name of the Defendant, using Kwikset Co., Ltd. in front of the Gyeongcheon-si in the name of the Defendant, sent one physical card connected to the account of community credit cooperatives (C) in the name of the Defendant, and notified the password of the above physical card.
As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.
Summary of Evidence
1. Defendant's legal statement;
1. A petition prepared by D;
1. The contents of the Kakao dialogue;
1. Application of the Acts and subordinate statutes to these reports, results and photographs;
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. 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 this case.
Unfavorable circumstances: The Defendant promised to lend the check card in return for the expected interest of future loans.
The means of access lent was used for fraud, causing actual damage.
The defendant is recognized to commit a crime in favor of him.
There has been no history of punishment so far.