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
In using and managing a means of access used in electronic financial transactions, no one shall borrow or lend a means of access, or store, deliver or distribute a means of access, requiring or promising to receive, request or promise any compensation, unless otherwise expressly provided for in any other Act.
Nevertheless, on December 2018, the Defendant listened to the phrase “to pay KRW 2,200,000 per head of the card, if he/she lends the e-mail card so that he/she can be exempted from taxes,” from a person who assumes a false name who assumes the staff of a liquor company, and consented thereto, and then, on December 20, 2018, in the B apartment C mail in Silung-si, he/she puts a e-mail card connected to the Do bank account (E) in the name of the Defendant, and made him/her carry it with it, and made him/her know of the password of the above account by telephone.
Accordingly, the Defendant promised to receive compensation and lent the means of access used in electronic financial transactions.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Application of the Acts and subordinate statutes concerning details of 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. Taking into account all the circumstances, including the fact that the defendant for sentencing under Article 62 (1) of the Criminal Act recognizes his/her mistake and has no record of criminal punishment for the defendant;