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
On June 27, 2019, the Defendant received a proposal to the effect that “When sending a e-mail card to allow withdrawal of principal and interest, it will give a loan,” from the person who has not been named in the name, the Defendant sent one e-mail card connected to the Defendant’s wife B’s account in the name of the Defendant’s wife B (D).”
Accordingly, the Defendant promised to obtain intangible expected profits that can be given future loans through the details of transactions of deposit and withdrawal in return for the lending of the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. E-document;
1. - Details of transfers and replies;
1. - Application of each F dialogue statute
1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;
1. Reasons for sentencing under Article 62(1) of the Criminal Act: The act of lending the means of access is easy to commit various crimes, such as tax evasion, scaming, etc., and the social harm of the means of access is not severe.
The means of access leased by the Defendant was used for the crime of Bosing.
The favorable circumstances: The defendant recognized the crime of this case and reflects it.
The defendant expected an intangible profit that he/she can receive a loan and transferred the means of access. There is a reason to take special account into account the crime itself or the motive.
The defendant did not take any advantage of the crime of this case.
As above, in full view of the circumstances and the age, character and conduct, motive and background, means and consequence of the crime, the circumstances after the crime, etc. of this case and the sentencing conditions indicated in the records, the punishment as ordered shall be determined.