전자금융거래법위반
A defendant shall be punished by imprisonment for six 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
No person shall lend or receive any cash card, password, passbook, etc. necessary for the use of the cash card, etc., which is a medium access to electronic financial transactions issued by a financial institution, by receiving, demanding or promising to lend the same.
Nevertheless, on October 31, 2017, the Defendant sent a physical card to a person in charge of importing business, who is a person in charge of the business of importing from his/her name from his/her cell phone, and notified his/her password, would return the physical card after one week.
“On contact, the Defendant’s account in the name of the Defendant was expressed in a way that enables to keep the account.
At the top of the defendant's office located in Daegu-gu, Daegu-gu, 17:00 on the same day, the defendant provided Kwikset service with a head of the physical card connected to the Saemaul Treasury C account in the name of the defendant, and provided the password of the above physical card through telephone.
Accordingly, the defendant promised to receive the price of KRW 3 million, and lent the electronic financial transaction access media to the name-free person.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to D or E;
1. Details of transactions of automation machinery, replies to the execution of a warrant of search, seizure and verification, and the application of Acts and subordinate statutes on official receipts;
1. The applicable provision of Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts; the selection of imprisonment;
1. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution is an element of sentencing unfavorable to the Defendant, such as not only impairing the safety and trust of financial transactions, but also making the leased cards, etc. misused as a means of other crimes, and the fact that the cards, etc. leased by the Defendant were used for the actual fraud.
On the other hand, the defendant led to the confession of the crime of this case and divided, and the benefits derived from the crime of this case are not significant, and he was punished for the same crime of this case or punished for more than fine.