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 becomes final and conclusive.
Punishment of the crime
No person shall lend or borrow any cash card, password, passbook, etc. necessary for the use of the cash card, cash card, etc. issued by a financial institution while receiving, demanding or promising the price therefor.
Nevertheless, on August 9, 2018, the Defendant, at the Defendant’s house located in Daegu-gun-gun B, sent a physical card to his name-free persons via mobile phone, and sent a cell phone to the Defendant’s account in his name to the effect that the Defendant “to have a loan KRW 10 million by accumulating the transaction performance by means of entering and withdrawing the password, and by accumulating the transaction performance and returning the physical card.”
The defendant sent one physical card connected to the CFD account under the name of the defendant to his name in the post office located in the Daegu-gu EFF, and notified him of the password of the above physical card by telephone.
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. E statements;
1. Application of Acts and subordinate statutes concerning the details of deposits and transactions, the provision of financial transaction information, and the conversation;
1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;
1. The reason for sentencing under Article 62(1) of the Criminal Act is that the means of access that the defendant lent to him/her was actually used for the crime of fraud, and that the defendant has the record of being suspended from indictment for the same crime.
However, the defendant confessions the crime of this case and repents his mistake, there is no benefit from the crime of this case, and there is no record of punishment exceeding the fine, and the defendant's age, character and conduct, environment, family relationship, and crime.