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 two years from the date this judgment became final and conclusive.
Punishment of the crime
Except as otherwise provided for in other Acts, no person shall borrow or lend any access medium with the intention of receiving, demanding or promising to receive, demand or promise the use or management of the access medium.
On August 1, 2017, the Defendant leased the head of the Tong to obtain a reduction of or exemption from liquor tax from a person who is under his/her name, around 10:08, 15% of the face value of the head of the Tong to lease the head of the Tong as rent.
On August 1, 2017, at around 12:30 on August 1, 2017, “Along with the proposal of “,”, the Kwikset service provider promiseded to offer and lend the access media to Kwiksetseter service articles who sent the physical card connected with the Defendant’s new bank account (B) account in the name of the Defendant prior to the departure of 10,000 Gangseo-gu, Gangseo-gu, Seoul Metropolitan Government.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. Application of statutes on the details of e-mail and Kakao dialogues
1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected and Article 6 (3) 2 of the same Act (Selection of imprisonment);
1. The act of transferring the media access to the grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is disadvantageous to the Defendant, such as the fact that the act of transferring the media undermines the general trust of the society with respect to the person under the name of financial transaction and makes it possible to commit so-called phishing crimes, and the fact that the Defendant actually committed a crime using the access media.
However, the fact that the defendant is against the beginning offender is considered as favorable circumstances, and the sentencing conditions in the records, such as the age, sex, environment, etc. of the defendant, shall be determined as ordered in consideration of the sentencing conditions shown in the records.