전자금융거래법위반
A defendant shall be punished by imprisonment with prison labor for not more than ten 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, while using and managing a means of access, borrow or lend a means of access, or store, deliver or distribute a means of access, knowing that such means are to be used for a crime or to be used for a crime.
On November 2019, the Defendant received a proposal from a name-free person who misrepresented a lending company’s staff member to “I wish to lend five million won if I sent a Kakao Kakao Ma.”
On October 2015, the Defendant was aware that, in response to the proposal, the Defendant could be used for a crime, such as singing, etc. in a case where the cam card was transferred to a person who was named in the name of the Defendant in order to obtain a loan, due to the fact that the account was used in the singishing crime and was investigated under the suspicion of violating the Electronic Financial Transactions Act.
Nevertheless, on November 2019, the Defendant accepted the proposal of the person who was not killed in the name of the Defendant, and then notified the person who was unaware of the name of the Defendant of the password of the NongHyup Bank account (B) in the name of the Defendant, and delivered one check card connected to the above account by using bus routing from the bus bus terminal located in the Tae Mag-si, Gangwon-si, Gangwon-do square.
Accordingly, the Defendant lent the means of access knowing that it will be used for crime purposes or crime.
Summary of Evidence
1. The police's statement of the defendant C in court;
1. Application of Acts and subordinate statutes to a criminal investigation report (the result of execution of a warrant of seizure of an account and attachment of data), a criminal investigation report (the result of execution of a warrant of seizure of an account after his/her post),
1. Relevant Article 49(4)2 and Article 6(3)3 of the Electronic Financial Transactions Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Legal penalty;