전자금융거래법위반
A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
No one shall borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising to receive any consideration in using or managing the access medium.
Nevertheless, on January 2016, the Defendant sent a name not less than three million won on the condition that the Defendant would receive three million won per month on the part of an unclaimed person under the name of the unclaimed person, who reads the physical card, etc. of the foreign exchange bank account (D) in the name of the Defendant, in the vicinity of Gangwon-si, Gangwon-si, 2016, on the condition that he will receive three million won per month on the part of the unclaimed person.
On the one hand, Kwikset service articles were sent to Kwikset service articles.
Accordingly, the defendant provided access media to others in return for the promise of compensation.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes on the transactions of deposits and withdrawal;
1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the crime, the selection of punishment for the selective punishment, Articles 49 (4) 1 and 6 (3) 1 of the same Act, and the selection of imprisonment;
1. The access media of this case leased by the Defendant for the reason of sentencing under Article 62(1) of the Criminal Act was actually used for licensing crimes.
Considering the purpose of the law in order to prevent financial fraud by strictly punishing the act of transferring or lending the access media, it is necessary to strictly ask the accused to commit the crime.
However, the punishment as ordered shall be determined in consideration of the fact that the defendant is the first offender, the confession of the crime, and the misunderstanding is divided, and the age, sex, environment, etc. of the defendant and the sentencing conditions shown in the records.