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
Except as otherwise expressly provided for in other Acts, no one shall borrow or lend any means of access used in electronic financial transactions while receiving, demanding or promising to receive compensation, or keep, deliver or distribute any means of access.
Nevertheless, on April 6, 2020, the Defendant received a proposal from the Defendant to the effect that “I will pay KRW 110,000 won per day on which I would deliver physical cards, etc. necessary for the operation of the soil site,” at a non-name-based location B and C,” and accepted it. On April 6, 2020, the Defendant received a letter-based bag containing a letter-based check (F) card in the name-free bank name E prior to the Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Incheon. < Amended by Act No. 10614, Apr. 6, 2020>
Accordingly, the Defendant promised to keep the means of access used in electronic financial transactions.
Summary of Evidence
1. Application of Acts and subordinate statutes to the Defendant’s legal statement cards, photographs of the Defendant’s cards, and the Stockholm conversations;
1. Article 49 (4) 2 and Article 6 (3) 2 of the former Act on Electronic Transactions (amended by Act No. 17297, May 19, 202) on criminal facts and the choice of punishment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of punishment by law: Imprisonment with labor for one month to three years;
2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of offenses in violation of the Electronic Financial Transactions Act [Type 1] and the absence of general crimes [the scope of recommendations and recommendations] [the scope of recommendations and recommendations] and the basic area of punishment, April 1 to October.
3. Determination of sentence: The sentence shall be determined as per the order, considering all the circumstances, including four months of imprisonment and one year of suspended sentence, despite the past record of punishment for the same kind of crime, the profit gained from the crime of this case and the previous record of criminal punishment;