전자금융거래법위반
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.
Nevertheless, on October 2, 2019, the Defendant received letters from a person who was unaware of the name, and contacted the person who was unaware of the name, and even if there was no details of personal rehabilitation and transaction in the account, the Defendant accepted the letter that he would lend KRW 5 million if he sent the bank card for repayment of interest equivalent to KRW 6 million.
In order to obtain a loan, the Defendant sent one physical card connected to the Defendant’s name BF account (C) to the post office home-type, and notified the password by telephone.
As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access.
Summary of Evidence
1. Details of the transfer of funds by the police in relation to the defendant's legal statement D, details of the account holder in the account statement of the counterpart financial account, details of the account transaction (verification of the account of the defendant) - Request for the provision of CCTV data: Application of the borrowing certificate, E-name education completion certificate, Kakakao Stockholm dialogue (Defendant-F company E, G), E, G propy photograph, and investigation report (documents A submitted by the suspect);
1. Relevant Article of the Act on Criminal Facts, Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (in cases of lending access media) and the selection of imprisonment with prison labor;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. 양형기준에 따른 권고형량의 범위 ▷ 기본범죄(접근매체대여로 인한 전자금융거래법 위반죄) [권고형의 범위] 전자금융거래법 위반죄 > 제1유형(일반적 범행) > 기본영역(4월~10월) [특별양형인자] 없음
2. The crime of this case in which the sentence of sentence was determined.