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 engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.
Nevertheless, around May 15, 2019, the Defendant heard the phrase “20 million won will be loaned from a person who has not been named B office employees C, but sent a physical card for the purpose of paying principal and interest.” On the same day, the Defendant issued Kwikset’s personal card, which is the means of access to the E Union (F) account in the name of the Defendant, from the first floor of the D Building at the government of the same day, to the person who has not been named, through Kwikset’s services, and notified the password of the physical card G.
As a result, the defendant promised to pay compensation and lent the means of access to his name in return.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. A H statement;
1. Application of Acts and subordinate statutes concerning details of transactions and internal investigation reports (Attachment to G dialogues);
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. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Scope of punishment by law: Imprisonment with labor for one month to three years;
2. Scope of recommendations according to the sentencing guidelines [decision of type] [No person in violation of the Electronic Financial Transactions Act] general crimes [type 1] [the scope of recommendations and recommendations] basic area] basic area, imprisonment for not less than four months and ten months [the general person in prison] - where there is no actual amount of profit or minor amount of profit [the grounds for suspension of execution] - Where there is no actual amount of profit or there is no amount of profit or minor amount of profit:
3. Determination of sentence: Imprisonment with prison labor for six months and suspended execution for two years; the act of lending the means of access to the instant means of access to the said means of access to the said means of money as a means to commit various crimes, such as phishing crimes that inflict significant social harm, and illegal sports soil, etc.