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 may, in using and managing a means of access, borrow or lend the means of access in exchange for any request or promise to receive, request or promise any compensation therefor.
Nevertheless, around July 25, 2018, the Defendant promised to receive KRW 3 million in return for lending one card from a person who has not been named in his/her name to money exchange for three days (3.0 million if he/she loans one check for three days). On July 25, 2018, the Defendant lent the means of access by packaging one check card in the name of the Defendant’s name to the person who is not named in his/her name, and informing him/her of the password number through F.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning G;
1. Application of Acts and subordinate statutes on the details of transfer certificates and the account transactions in the name of A;
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. The transfer and lending of the means of access for electronic financial transactions on the grounds of sentencing under Article 62(1) of the Criminal Act can be used as a means of other crimes, and in this case, the means of access leased by the Defendant was used as a singishing crime, thereby causing damage.
However, the defendant shows his attitude to recognize and reflect his mistake.
The defendant seems to have no profit from the crime of this case.
Some damage caused by the crime of Bosing was not withdrawn from the Defendant’s account.
There is no criminal record against the defendant.
In addition, the defendant's age, character and behavior, environment, motive and background of the crime, means and result of the crime, the number of means of access leased, and circumstances after the crime are considered as a whole.