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
No person shall borrow or lend a means of access in receiving, demanding or promising any compensation.
Nevertheless, on April 10, 2019, the Defendant: (a) sent a personal check from a nameless person who misrepresented as an employee of a lending company to the Defendant “a loan to the Defendant for KRW 5 million or KRW 6 million; (b) sent a personal check to the lending company to pay the principal and interest of the loan to the lending company; and (c) sent a personal check to the Kwikseter, who sent the nameless person at the Defendant’s residence located in the Gu-dong-si in Ansan-si around April 15, 2019, to the Kwikseter, who sent the nameless person at the Defendant’s residence located in the Gu-dong-si-si, in the name of the Defendant, around April 13:40, 2019, sent one physical card connected with the C account (Account Number:D) and sent the password to a mobile phone
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement concerning F;
1. Results of reply to a warrant of search, seizure, and verification (No. 8)
1. A principal financial transaction receipt;
1. Application of Acts and subordinate statutes of conversation content;
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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following favorable circumstances): The instant crime is a crime detrimental to the security and trust of financial transactions.
The card lent by the defendant was actually used for fraud crime.
The favorable circumstances are against the defendant's wrong recognition.
The instant case did not obtain monetary benefits.
The defendant is an initial offender who has no criminal power.
The punishment shall be determined in consideration of the following circumstances, such as the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime.