전자금융거래법위반
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising compensation.
1. On October 1, 2014, the Defendant received a proposal from B to “to offer KRW 350,000 to KRW 400,000 per month for one credit card,” and consented thereto, and then sent one check card and one OTP connected to the Cbank’s account under the name of the Defendant to B by registered mail at the South-do Post Office located in the Nam-do, 592-1, Nam-dong, South-do, South-si, Seoul, by the same day.
2. On April 2015, 2015, the Defendant received a proposal that “one more lending of a passbook would have been lent once again,” from a patrolman B, and consented thereto. On the same day, the Defendant sent one check card and one OTP card connected to the E bank account (Account Number:F) in the name of the Defendant at the Namwon Port Post Office listed in paragraph (1).
In return for sending the means of access connected to the account under the name of the Defendant to B, the Defendant received a total of KRW 905,000,000 from B from October 1, 2014 to December 4, 2016, in total, 24 times, as shown in the separate crime list, from around October 1, 2014 to the G bank account under the name of the Defendant (Account Number: H).
Accordingly, the Defendant received and lent the means of electronic financial transactions.
Summary of Evidence
1. Defendant's legal statement;
1. Each police suspect interrogation protocol concerning B;
1. Application of Acts and subordinate statutes on account transactions;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;
1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (a heavier penalty than punishment provided for in the Electronic Financial Transactions Act on October 1, 2014);
1. Article 62 (1) of the Criminal Act (The following factors of sentencing shall be taken into account):
1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order.