전자금융거래법위반
A defendant shall be punished by imprisonment for not less than three months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
No person shall lend any access medium while receiving, demanding or promising to receive any price for a password, user number, etc. registered in a financial institution or an electronic financial period, which is necessary for the use of a physical card or physical card, which is a medium access to electronic financial transactions.
Nevertheless, around December 17, 2017, when the Defendant was unable to obtain a loan for business funds due to low credit prior to Busan on December 18:30, 2017, the Defendant obtained a loan by accumulating the name influencies and the results of deposit and withdrawal transactions, and issued Kwikset’s name cards and passwords connected to the new bank account (D) under the name of the Defendant.
As a result, the Defendant promised to receive intangible expected profits that can receive future loans through the details of deposit and withdrawal transactions, and lent an access medium to the name-oriented person.
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 governing deposit verification;
1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant recognized the crime of this case, the account leased by the defendant was used for the actual fraud crime, and the account remains in the above account.
The punishment shall be determined by comprehensively taking into account the following circumstances: (a) the amount equivalent to KRW 1.7 million has been returned to the defrauded; (b) the Defendant has been subject to criminal punishment several times; and (c) the Defendant’s age and environment; (d) the motive and method leading to the instant crime; and (e) the circumstances after the commission of the crime; and (e) the sentencing conditions specified in the