전자금융거래법위반
A defendant shall be punished by imprisonment with prison labor 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
No person shall, with respect to the use and management of a means of access, borrow or lend a means of access or store, deliver or distribute a means of access with the knowledge that such means are to be used for a crime or to be used for a crime.
Nevertheless, at around 13:59 on November 5, 2018, the Defendant: (a) received a proposal from a nameless person who misrepresented to the employees of a lending company to the effect that “if he/she sent a e-mail card, he/she would make monthly payment and get the loan, and return the e-mail card.” (b) At around 18:55 on the same day, the Defendant sent one copy of the e-mail card connected to the e-mail account in the name of the Defendant using Kwikset service from the Defendant’s home located in the e-mail-gun of the e-mail-gun; and (c) sent one copy of the e-mail card, which was linked to the e-mail account in the name of the Defendant (i.e., the “G” at the end
As a result, the defendant promised to receive a future loan, and lent a means of access used in electronic financial transactions to a person who is named in the name of the defendant.
Summary of Evidence
1. The defendant's statement on the third trial date in court;
1. A written statement;
1. Transfer certificate;
1. Application of Acts and subordinate statutes concerning text messages and the content of B message bound in not more than 39 pages of evidence records;
1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;
1. According to Article 62(1) of the Criminal Act, the execution of a sentence shall be suspended by taking into account the following circumstances: (a) the Defendant’s CPC card was used for the crime of scaming, thereby causing damage to the victim by defrauding KRW 3 million; and (b) the damage still has not yet been recovered; (c) there is no profit gained by the Defendant through the crime of the judgment; (d) there is no record of having been punished by imprisonment without prison labor or heavier; and (e) the Defendant’s age, character