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 the means of access to electronic financial transactions, no one shall borrow or lend the means of access, or keep, deliver or distribute the means of access while receiving, demanding or promising any compensation therefor, and shall not lend or lend the means of access or keep, deliver or distribute the means of access knowing that they are to be used for a crime or for a crime.
On May 31, 2018, the Defendant received a proposal from a person whose name is not known by telephone, stating that “The head of B company C office is the person whose name is not known,” “I will pay KRW 3 million per card if I use only 30,000 won per account and lend the texy card to be refunded,” and that I then deliver two ex cards connected respectively to the Defendant’s name to a person whose name is unknown, around June 1, 2018, at the building D of Changwon-si’s counter, at the Defendant’s residence, at the Defendant’s name F association account (Account Number: G) and post office account (Account Number: H).
As a result, the Defendant promised to receive compensation for the purpose of using it in crime and lent the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police officer to I;
1. Each petition of J and I;
1. Application of Acts and subordinate statutes on financial transactions;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the stay of execution (the fact that a person commits a crime and reflects it, the fact that there is no particular criminal record except for the one-time suspension of indictment, and other factors such as age, character and conduct, environment, circumstances leading to a crime, circumstances after a crime, etc.);