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 lend the means of access used for financial transactions in receiving, demanding or promising compensation.
Nevertheless, the Defendant, at around 13:00 on January 29, 2020, called “to lend” from an unqualified person and promised to get a loan amounting to five million won by communicating the nameless person, and then, sent a physical card connected to BB bank account under the name of the Defendant to an unqualified person via a house, and notified the password of the above physical card by communicating the nameless person.
Accordingly, the Defendant promised to pay for and lent the means of access to financial institutions.
Summary of Evidence
1. Application of Acts and subordinate statutes on compensation for victims, details of financial transactions, and details of account transactions, such as transfer certificates of police damage statement made by the defendant in his/her legal statement D;
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. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of punishment by law: Imprisonment with prison labor for not more than three years;
2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of offenses in violation of the Electronic Financial Transactions Act [Type 1] and the absence of general crimes [the scope of recommendations and recommendations] [the scope of recommendations and recommendations] and the basic area of punishment, April 1 to October.
3. The Defendant, at the Seoul Central District Prosecutor’s Office on January 28, 2019, was well aware of the fact that he/she should not lend the means of access by taking a disposition of suspension of indictment against the violation of the Electronic Financial Transactions Act. However, in light of the fact that the Defendant’s act of lending the means of access used in electronic financial transactions, such as the instant crime, is necessary to strictly punish the Defendant’s criminal liability, inasmuch as it facilitates other crimes, such as the fraud.
However, the defendant stated that he is against the recognition of the facts charged.