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 two years from the date this judgment became final and conclusive.
Criminal facts
Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or keep, deliver or distribute such medium, with respect to the use and management of any access medium.
Nevertheless, on November 17, 2017, the Defendant would give KRW 2.1 million on the face of the week of lending the head of the Tong to the third party for three days.
“On the receipt of the text message “,” and contacted the person under whose name the message was made, sent to the person under whose name the message was made, using a chapter of the C Card connected to the Daegu Bank Account under the name of the Defendant at the Jung-gu Office located in Daegu-gu, Daegu-si on the same day.
As a result, the Defendant promised to pay for the access media for electronic financial transactions.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Application of Acts and subordinate statutes to search and inspection warrant execution data;
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 concerning the selection of punishment, the selection of imprisonment;
1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the Defendant transferred the access medium (e.g., check card connected to the head of the Tong) in return for promise, and the access medium was used for the loan fraud crime, and the degree of criticism is high.
However, it is more favorable factors for sentencing such as the defendant's recognition of the crime of this case and the fact that there has been no record of punishment so far. It is so decided as per Disposition by taking into account the age, sex, environment, circumstances leading to the crime, and circumstances after the crime.