전자금융거래법위반
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
In using and managing a means of access, no one shall promise to provide compensation, unless otherwise specifically provided for in any other Act, to lend the means of access.
On November 24, 2019, the Defendant, at the construction site of apartment B apartment in Gyeonggi-si, proposed that he would create a false transaction performance if he sent a physical card, and loaned the means of access used for electronic financial transactions by notifying the name-oriented party of the number and password of the account in the name of the Defendant through a door-to-door article (C) and the account number and password of the said account by telephone call.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements prepared in D;
1. Application of the details of account transfer and the details of account transactions (A);
1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;
1. Article 62 (1) of the Criminal Act;
1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the means of access leased by the Defendant for the reasons of sentencing of probation and community service order was actually used for the crime of scaming, causing damage, and the Defendant already received a disposition of suspension of indictment for a similar crime
The fact that there is no record of regular punishment, other than once a fine due to a crime committed against this type, shall be considered as favorable circumstances. The punishment shall be determined by comprehensively taking into account all the factors of sentencing, including the defendant's age, social life relationship, circumstances leading to the crime, and circumstances before and after the crime, and the execution thereof shall be suspended, but probation, etc. shall be added.