전자금융거래법위반
A defendant shall be punished by imprisonment for not less than eight months.
except that 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 lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.
Nevertheless, around October 14, 2019, the Defendant received Kakao Stockholm messages from a person who was in non-name, stating that “The Defendant would pay rent of KRW 3 million per 1,00,000 from the Kakao Kao Kao Kao Kao Kao Kao Kao Kao Kao Kao Kao Kao Kao, which was connected to the D Association (E) account under the name of the Defendant at around 14:30 on October 25, 2019.” On October 14:30, 2019, the Defendant released 200,000 won from the 14:4,463,952 won to the Kao Kao Kao Ka, which was held by the Defendant on the same day as the 15:04 day.
Accordingly, the Defendant received compensation and lent the means of access.
Summary of Evidence
1. Application of the F’s entry into and departure from the Defendant’s legal statement to investigation reports (suspect A’s counter phone recording and statement summary), investigation reports (which is divided by the suspect and the message attached thereto), and application of the statutes governing Kakao Stockholm output;
1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 202), the pertinent provision on criminal facts, and the choice of imprisonment with labor
1. The reason for sentencing under Article 62(1) of the Criminal Code of the suspended sentence is that since the defendant transferred the physical card and received it in return for part of the amount of the victim's money after transferring it, the crime is not good.
However, there is no record of criminal punishment except for minor criminal records and one time, and the sentencing conditions indicated in the records of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime.