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
No person shall borrow or lend a means of access in receiving, demanding or promising any compensation.
Nevertheless, on January 7, 2019, at around 19:00, the Defendant: (a) heard the horses that “the Defendant would receive a loan,” and (b) delivered a physical card connected to the passbook in the name of the Defendant (E) to the Nonindicted Party.
As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.
Summary of Evidence
1. Defendant's legal statement;
1. A statement prepared by the F;
1. A criminal investigation report (report on attachment to the G dialogue);
1. Financial transaction statement, provision of financial transaction information, and application of G-related Acts and subordinate statutes;
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. In light of the fact that the Defendant again committed the instant crime even though he had the same criminal record, and the crime of lending the means of access under the Electronic Financial Transactions Act is not only prejudicial to the security and reliability of electronic financial transactions, but also becomes a means that facilitates other crimes, there is no need for strict punishment against the Defendant in light of the fact that the means of access in this case leased by the Defendant was actually used for the crime.
However, the sentencing conditions shown in the argument of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., appear to be divided into the defendant's confession, the profit gained by the defendant from the crime of this case is not significant, and the defendant's age, character and conduct, character and environment, motive, means and consequence of the crime, etc., shall