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
On January 1, 2019, the Defendant: (a) received a loan from a nameless person who misrepresented “B” from a nameless person who assumes the “B,” and agreed to obtain such a loan; (b) around that time, the Defendant sent a letter of C/D account (Account Number: E) linked to the local concentration cooperative account in the name of the Defendant in front of the Defendant’s residence in the primary city C/D, and sent it to the nameless person through Kwikset Service.
Summary of Evidence
1. Defendant's legal statement;
1. A statement prepared in F;
1. Data on the statement of response to transactions by agricultural cooperatives;
1. - The details of telephone calls and the details of message to captures;
1. - Transfer specifications;
1. Application of Acts and subordinate statutes to the investigation report (No. 8,9,10 No. 10)
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. Reasons for sentencing under Article 62(1) of the Criminal Act: The act of lending the means of access is easy to commit various crimes, such as tax evasion, Internet gambling, and scaming, and the social harm of the means of access is not severe.
The means of access leased by the Defendant was used for the crime of Bosing.
A favorable circumstance: The defendant expected an intangible benefit that he/she can get a loan and transferred the means of access. There are reasons to consider the crime as a crime and an motive in particular.
The defendant did not take any advantage of the crime of this case.
As above, in full view of the circumstances and the age, character and conduct, motive and background, means and consequence of the crime, the circumstances after the crime, etc. of this case and the sentencing conditions indicated in the records, the punishment as ordered shall be determined.