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
No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising compensation.
Nevertheless, around August 19, 2019, the Defendant (i.e., “B”) proposed a person who rents the personal account to reduce liquor tax imposed upon the time of receiving the corporate account, and (ii) promised to lend the means of access to the Defendant’s Cbank account to a person who is not aware of his/her name and receive KRW 3 million for three days as rent.
Accordingly, the Defendant placed one physical card, the means of access to the Cbank account (Account Number:F) under the name of the Defendant in the Seo-gu Daejeon, Seo-gu, Daejeon, on the same day, in the box, and sealed the card, and then delivered it to the person who has failed to obtain the name, and issued it to the person who has failed to obtain the name, and notified the password of the above physical card by telephone.
As a result, the defendant promised to pay compensation and lent the means of access to his name in return.
Summary of Evidence
1. Defendant's legal statement;
1. G statements;
1. Details of account transactions;
1. Details of the warrant of seizure;
1. Application of the Acts and subordinate statutes governing transport log photographs;
1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (Options of Imprisonment with prison labor);
1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., the violation of mistake while recognizing the crime of this case);
1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [Determination of Punishment] [No person in violation of the Electronic Financial Transactions Act] [No person in violation of the Framework Act on Electronic Financial Transactions] [the scope of recommendation and recommendation] [the scope of recommendation field and recommendation] basic area, imprisonment for April through ten months [the general person in prison] - There is no record of criminal punishment [the grounds for suspension of execution] - There is no record of criminal punishment [the grounds for suspension of execution of punishment] - There is no record of criminal punishment - The general