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 became final and conclusive.
Punishment of the crime
In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising compensation, unless otherwise specifically provided for in any other Act.
Nevertheless, on March 2019, the Defendant received a proposal that “on the face of the check, if sent, five million won will be loaned.” On the top of the Defendant’s house located in Gunsan-si C around the 29th day of the same month, according to the order of the above-mentioned person under the direction of the above-mentioned person, the Defendant sent the check to Kwikseter B, and sent the phone number to the article of Kwikset Service, which is linked to the Defendant’s bank account (Account Number D) in the name of the Defendant.
As a result, the Defendant promised to lend the means of access in return for intangible expectation interest that can receive future loans.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. Application of Acts and subordinate statutes to one transfer receipt and details of transactions;
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. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the defendant acknowledges and reflects the crime, and that only the person who has been punished twice as a result of a crime is punished as a favorable sentencing factor for the defendant. The crime of this case is that the person who has been punished twice as a result of a crime is obliged to receive compensation in the electronic financial transaction medium and lent the means of access is highly likely to be used for other criminal acts. The means of access that the person actually lent by the defendant is deemed to have been used for a crime such as scaming fraud, etc., taking into account the defendant's age, character and conduct, and motive for the crime, etc., and the sentence was