전자금융거래법위반
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On July 11, 2019, the Defendant accepted it with the proposal that “The Defendant will return the check at a low interest rate of KRW 30 million after making a transaction statement by making 10-day transaction statement at least 20 million per day when sending the check card.”
At around 17:00 on July 12, 2019, the Defendant issued one physical card connected to the agricultural bank account (D) under the name of the Defendant to his name in front of the Defendant’s house located in Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-si, and notified the password through telephone around that time.
As a result, the Defendant promised to receive a future loan in return for an intangible expected profit, and lent the means of access to a person with no name.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. Application of Acts and subordinate statutes to the certificate of confirmation and detailed statement of entry and departure transactions;
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. Article 62 (1) of the Criminal Act;
1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;
1. One month to three years from the date of imprisonment with prison labor within the applicable sentencing range by law; and
2. Six months of imprisonment with prison labor for the decision of sentence, two years of suspended sentence: The existence of the same kind of force, and the means of access as in this case can be abused for crime and thus have great social harm: The defendant seems to be against this case, and the above circumstances shall be determined as above in light of the defendant's age, character and behavior, environment, motive for crime, means and result, etc.