전자금융거래법위반
A defendant shall be punished by imprisonment for four 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 any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, with the intention of receiving, demanding or promising the payment thereof.
Nevertheless, on March 28, 2017, the defendant needs to make a head of a Tong as a tax problem from a person who has no name in the name of the defendant.
On the same day, Kwikset service article who sent a nameless winner on the front of the Dong-gu, Ansan-si, the same day sent to Kwikset service article with a letter "on the face of 3 million won per account" and sent it to him/her, and one copy of the C Card connected to his/her name credit union account (Account Number: C) was drawn.
Accordingly, the Defendant lent the approaching media at the request of compensation.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. Application of Acts and subordinate statutes on the transactions of deposits and withdrawal;
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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is the Defendant’s age, sexual conduct, environment, background and consequence leading to the instant crime, means and consequence, circumstances after the instant crime, both criminal cases, and other various conditions of sentencing as shown in the instant pleadings. In particular, the following circumstances should be taken into account: (a) the so-called large one passbook is essential for various kinds of crimes, such as singinging, and the use of such large one passbook is widely known; (b) the Defendant is aware that the access media could be used for the crime; and (c) the Defendant was transferred to the Defendant, since it was subject to a disposition of being investigated by an investigative agency for the same kind of crimes in around 2011, it is assumed that the access media could have been used for the crime.