전자금융거래법위반
A defendant shall be punished by imprisonment for four months.
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
On May 2018, the Defendant: (a) received a letter stating that “on the face of sending a physical card, the Defendant would execute a loan by accumulating the transaction performance; and (b) sent a physical card connected to the agricultural bank account under the name of the Defendant at the post office located in the Won-si, Suwon-si on May 23, 2018, by sending one copy of the physical card connected to the agricultural bank account under the name of the Defendant to the name of the deceased.
Accordingly, the Defendant promised to receive intangible expected profit from future loans by raising credit rating through the details of deposit and withdrawal transactions, and lent an access medium.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Application of Acts and subordinate statutes to a copy of a warrant of search and seizure verification, reply materials, and deposit details;
1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Articles 32(1)2 and 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation (the crime of this case does not constitute an offense subject to a compensation order under Article 25(1) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits) recognize the Defendant’s mistake in sentencing, and the Defendant was a first offender without any history of criminal punishment, but the crime of Bosing cannot be committed without such offense, and the damage was caused by remitting KRW 3,450,00 to the above account.
In light of the aforementioned circumstances, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the crime.