전자금융거래법위반
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
Except as otherwise expressly provided for in other Acts, no person shall lend an access medium with his/her promise to use and manage the access medium.
On June 19, 2018, the Defendant received a telephone from a person who misrepresented the staff of a national bank at a low interest rate of 4 million won, and sent a physical card that requires financial transactions in order to increase credit rating.
“C.” accepted the proposal and sent each physical card in the name of the Defendant’s bank account (C) and one bank account (D) at around 15:00 on June 29, 2018 at the Gansan post office located in around 130, 15:00, at around 130, to the above-mentioned person on a door-to-door basis, and notified the password of each account by telephone.
As a result, the Defendant promised to return the intangible expected interest to receive future loans in return for the future and lent the access media to the name influence.
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. A written confirmation of the results of electronic financial transfer;
1. Application of Acts and subordinate statutes on response to financial transaction information;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. The grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution include the following circumstances: (a) the accused’s recognition of the crime and reflects the fact that there is no record of criminal punishment; and (b) the conditions of sentencing as shown in the records, such as the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime, shall be determined by taking into account