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 electronic financial transactions while receiving, demanding or promising any consideration.
Nevertheless, on January 9, 2019, the Defendant changed the e-mail card for the automatic transfer test to lend KRW 6 million from the person who was not the name of the Defendant. The Defendant received the proposal and consented to it without any confirmation from the above lending company, and then notified the account number (D) and password in the name of the Defendant to obtain the loan from the above lending company B on January 11, 2019. On January 12, 2019, the Defendant issued one e-mail card connected to the above C bank account under the name of the Defendant to the person who was not the name of the Defendant.
As a result, the Defendant promised to lend the means of access in return for intangible expectation interest that can receive future loans.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Application of the Acts and subordinate statutes on correspondence data of financial institutions and B dialogue data;
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. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order - The defendant recognizes and reflects wrongness.
- The lending of the means of access is serious social harm as it facilitates various crimes such as tax evasion, Internet gambling, scaming, etc.
As a result of the instant crime, the damage was caused by the instant crime, and the damage was not recovered.
- On November 26, 2010, the Defendant again committed the instant crime even though he received a summary order of KRW 2 million on the charge of violating the Electronic Financial Transactions Act.
At that time, the means of access was transferred for loans, but it was not actually available for loans.
- Other motives, details, etc. of the commission of the offence shall be taken into account.