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 or borrow any cash card, password, passbook, etc. necessary for the use of the cash card, cash card, etc. issued by a financial institution while receiving, demanding or promising the price therefor.
Nevertheless, around September 4, 2018, the Defendant, via a mobile phone, called “to send a physical card and obtain a loan of KRW 16 million by accumulating the transaction performance by means of entering and withdrawing it,” from a person who has no personal identity, by using it, and at least three days after receiving a communication from a person who has no personal identity.”
At around 18:00 on September 4, 2018, the Defendant sent one physical card connected to the Defendant’s account under the name of Kwikset Service, and sent the password of the above physical card to D.
As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Answer to a request for public receipt or financial transaction information;
1. Application of Acts and subordinate statutes governing a certificate of the details by text message course photograph, D dialogue content, and member transaction account;
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. The act of lending the means of access for electronic financial transactions on the grounds of sentencing under Article 62(1) of the Criminal Act can be used as a means of crime undermining the security and reliability of electronic financial transactions and other crimes. Therefore, the crime is not good, and the means of access leased by the defendant was actually used for the crime of fraud.
However, the defendant confessions the crime of this case and repents the mistake, and this case.