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 person shall engage in any act of transferring or taking over any means of access or in promising to receive compensation therefor, and lend or take over any means of access.
A. On December 5, 2017, the Defendant promised to rent KRW 3 million in front of the Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and lent a e-mail card that is linked to the Defendant’s name-based account (D) via Kwikset Service Articles.
Accordingly, the defendant agreed to receive compensation and lent the means of access to electronic financial transactions.
B. On March 20, 2018, the Defendant promised to rent KRW 3 million at the same place, and lent a e-mail card, which is linked to the account in the name of the Defendant, to the name partner, via Kwikset service articles.
Accordingly, the defendant agreed to receive compensation and lent the means of access to electronic financial transactions.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of G and H;
1. Application of Acts and subordinate statutes on details of financial transactions, certificates of details of transactions, and requests for financial information;
1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act and the choice of a sentence concerning criminal facts, and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant acknowledges, reflects, and does not repeat the crime, economic circumstances are difficult, and that the defendant is the first offender, etc. favorable to the defendant.
On the other hand, since the crime of the means of access can be abused as a means of other crimes, it is necessary to strictly punish the crime, and the number of crimes repeated in a short period is twice the same crime, and the account of this case was actually used for other crimes, etc. are disadvantageous to the defendant.
Other extent of damage;