전자금융거래법위반
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, with the intention of receiving, demanding or promising the payment thereof.
Nevertheless, on October 2016, the Defendant promised to receive KRW 600,000 per day from a person who was in a name in the name of the Defendant to receive KRW 600,000 from a person who was in a non-name, and issued a copy of a debit card connected to the Agricultural Cooperative Account (D) under the name of the Defendant to a non-resident.
Accordingly, the Defendant promised to pay the price, and lent the approaching media.
Summary of Evidence
1. Statement by the defendant in court;
1. Each relevant statute shall apply to each copy, written statement, statement of transaction, statement of transfer confirmation, statement of account transaction, statement of account transaction, statement of account transaction, details of account transaction, and application of the details of account transaction to the Agricultural Cooperatives under A;
1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);
1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following sentencing grounds) (the sentencing criteria are not set for a violation of the Electronic Financial Transactions Act)
The Defendant’s access media was actually used for fraud, and there were several victims.
If the defendant did not lend the access media, it would be difficult for a good decent person to be the victim of the crime of fraud.
Therefore, the defendant will be sentenced to imprisonment.
Provided, That the execution of punishment shall be suspended in consideration of the fact that the defendant led to the crime, the fact that there is no previous conviction except punishment due to the violation of the Road Traffic Act (unlicensed Operation) in 2001, and the leased access media relates to one account, etc., and community service work shall not be ordered in consideration of the fact that the defendant is a person with disabilities (93 pages of evidence record).