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 became final and conclusive.
Punishment of the crime
In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising compensation, unless otherwise specifically provided for in any other Act.
Nevertheless, on March 8, 2019, the Defendant received a proposal from a person who was not the name of the Defendant (BB lending company C), stating that “When sending a physical card, the Defendant would lend KRW 3 million to the person who was not the name of the Defendant.” In accordance with the order of the person who was the name of the Defendant, the Defendant sent the physical card to the Defendant’s bank account (Account Number E) and then sent the password to the person who was the name of the deceased.
As a result, the Defendant promised to lend the means of access in return for intangible expectation interest that can receive future loans.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement concerning F;
1. Application of Acts and subordinate statutes for transfer certificate;
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 sentencing under Article 62(1) of the Act on the Suspension of Execution is that the defendant acknowledges and reflects the crime, and that the first offender is the sentencing factor favorable to the defendant. The crime of this case is that the use of the electronic financial transaction media to receive compensation and the use of the means of access to other criminal acts is highly likely to impair trust in the electronic financial transaction and that the means of access leased by the defendant is in need of strict punishment, and the actual use of the means of access to the means of access is deemed to have been used for the crime such as singishing, etc. is considered to be the sentencing factor disadvantageous to the defendant, and the punishment was