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 two years from the date this judgment became final and conclusive.
Punishment of the crime
Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium or promise to receive any consideration in using and managing such medium, and lend or take over such access medium.
Nevertheless, on February 15, 2017, the Defendant lent a monthly account from a person without his/her name to a sports culture account to a third party, by receiving a text message of KRW 2,00,000,000 to lend the access medium to the account and to acquire cash. On February 17, 2017, the Defendant sent a physical card connected to the bank account under the name of the Defendant to a person who is not his/her own name, in the vicinity of the "Songdong-gu Seoul Metropolitan Government Access Road Traffic".
As a result, the Defendant promised to pay for the access media used in electronic financial transactions.
Summary of Evidence
1. Statement by the defendant in court;
1. The application of the Acts and subordinate statutes to the response to financial data (A, C, D), investigation reports (a suspect E, or a judgment of the first instance court of the same kind as F), and copies of investigation documents of the above E, F;
1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);
1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following sentencing grounds) (the sentencing criteria are not set for a violation of the Electronic Financial Transactions Act)
The act of lending the access media is a crime detrimental to the social trust in financial transactions, and such lending media is often abused as a means of other crimes, and the defendant lent the access media for his own economic interest.
Therefore, the defendant will be sentenced to imprisonment.
However, there is no criminal record, and the access media leased by the defendant are actually criminal acts.