전자금융거래법위반
A defendant shall be punished by imprisonment for six 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 one shall, in making a transaction request in electronic financial transactions or using and managing a means of access used to secure the authenticity and accuracy of users and the details of such transaction, borrow or lend the means of access while promising any compensation therefor.
On December 18, 2018, the Defendant: (a) listened to the phrase “B” from a person who was named as “B,” the Defendant leased the account for the purpose of resolving corporate tax issues to use it for three (3) days per week; and (b) lent three (3) million won per account; and (c) around December 17:42, 2018, the Defendant respectively lent the check card, which is the means of access to the Defendant’s account under the name of “E (F), G (H), and I (J), from the perspective of sending it to the person who was named.
As a result, the Defendant promised to make a transaction request in electronic financial transactions or lent a means of access used to secure the authenticity and accuracy of users and transaction details.
Summary of Evidence
1. Defendant's legal statement;
1. The K's statement;
1. Application of Acts and subordinate statutes on deposit receipts;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. The reasons for sentencing under Article 62(1) of the Criminal Act in the suspension of execution are as follows: (a) the Defendant lent a number of means of access to the crime of fraud; (b) the Defendant has used the means of access to the crime of fraud; (c) the Defendant has no criminal record exceeding the same kind of criminal record or fine; and (d) the Defendant’s age, character and conduct, environment, occupation, family relationship, and other various sentencing