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
In using and managing a means of access, no one shall conduct any act of providing, demanding or promising compensation, except as otherwise expressly provided for in other Acts.
Nevertheless, around November 27, 2019, the Defendant is allowed to lend up to KRW 15 million from a person who assumes a false name as a lending business entity.
Around 13:00 on November 27, 2019, 2011, 13:00, 13:00, 3:00, 3:00, 3:00, 3:00, 3:00, 3:00, 3:00, 4:00,000, 2:00,000,000,00
As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement;
1. Application of Acts and subordinate statutes to response reports following requests for financial transaction information;
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. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking into account all the conditions of sentencing as shown in the pleadings of the instant case, including the following circumstances and Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.
Unfavorable circumstances: The act of lending a means of access to another person is easy to commit various crimes, such as singing, and the liability for such crimes is not less minor.
The account linked to the means of access in this case was actually used for the singishing crime.
A favorable circumstance: The defendant has no record of criminal punishment, and is able to repent of his/her mistake while recognizing the crime.
The defendant seems to have no profit from the crime of this case.