전자금융거래법위반
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
In using and managing the means of access, no one may lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.
Nevertheless, on January 17, 2020, the Defendant received a proposal from a name-free person to the effect that “3 passbooks in the name of the Defendant will be given KRW 13 million if the Defendant lent 13,000,000,000 to address corporate tax issues” from the name-free person, and on the same day, sent two cash withdrawal cards connected to the above name-free person in the name of the Defendant to the bank account (C) in the name of the Defendant, which is linked to the bank account (D), Busan Bank account (E), and sent two cash withdrawal cards to the name-free person. On the same day, the Defendant notified the name-free person of the password of the password number of each card.
As a result, the Defendant promised to provide compensation, and lent the means of access to his name in return.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement;
1. Application of Acts and subordinate statutes to details of financial transactions and investigation reports (a) (verification of details of passbook transactions in violation of Electronic Financial Transactions Act);
1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Taking into account such factors as the number of means of access lending the reason for sentencing under Article 62(1) of the Criminal Act, and the fact that the Defendant committed the instant crime despite having been suspended from indictment for violating the Electronic Financial Transactions Act, and that the Defendant has no other criminal power.