전자금융거래법위반
A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
Except as otherwise expressly provided for in any other Act, no one shall lend any access medium while receiving, demanding or promising to receive any consideration, in using or managing an electronic card, electronic information equivalent thereto, certificate, password, or any other access medium used in electronic financial transactions.
Nevertheless, on April 10, 2018, the Defendant sent a physical card connected to the Defendant’s name bank account (Account Number (Account Number (B) at the post office located in the Sung-gu Seoul Metropolitan City, Suwon Metropolitan City and lent the access media in electronic financial transactions, with the Defendant’s personal account number (Account Number (Account Number (B) and promising to notify the account number and password.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes to Kakao messages, such as a statement of transaction by account and a statement of customer information inquiry, etc.;
1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant lent the access medium, and the access medium is used for the so-called Bosing crime, and that the damage was actually caused by the reality.
However, it is so decided as per Disposition in consideration of the following: the defendant's age, sex, environment, and circumstances leading to the crime, etc., such as the fact that the defendant recognized the crime of this case and reflects the defendant's first offender.