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
No person shall lend a means of access used in an electronic financial transaction while receiving, demanding or promising any consideration therefor.
Nevertheless, on December 2, 2017, the Defendant accepted the proposal that “if he send a cream card, if he sent it, he has raised the credit rating by making the transaction performance using the cream card, and has borrowed 10 million won, and he will return the cream card.” On the other hand, the Defendant sent the cream card connected to the d bank account (E) in the name of the Defendant to the non-sculed male who sent the non-sculed winners at the non-sculed place in the same month, and lent the means of access to the financial institution by notifying the non-sculed male who sent the non-sculed winners of the name at the d bank account in the name of the Defendant.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Application of Acts and subordinate statutes, such as a detailed statement of deposit transactions, detailed statement of deposit transactions, and copy of closures;
1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;
1. The reason for sentencing under Article 62(1) of the Criminal Act is not only impeding the stability of electronic financial transactions and trust, but also providing the means of other crimes, such as Bosing, etc., so it is necessary to severely punish the relevant social harm. In fact, the means of access leased by the Defendant was used for other crimes.
After the defendant was investigated as the case, he also committed the same kind of crime.
The punishment shall be determined as ordered in consideration of various sentencing conditions, such as the defendant's age, character and conduct, environment, circumstances before and after the crime, and circumstances before and after the crime.