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 borrow or lend a means of access, or keep, deliver or distribute a means of access, while promising to receive or request compensation.
Nevertheless, on February 18, 2019, the Defendant promised to lend the above means of access to the Defendant’s cell phone from his name-free person to his name-free person in return for an intangible profit by sending the Defendant’s Bbank account (C), which is linked to the Defendant’s B bank account, after receiving a proposal from his/her name-free person in a place where he/she was in danger of being named as the Defendant’s cell phone from his/her name-free person to create a large number of transaction records, and the physical card needs to be sent to him/her because he/she was in need of his/her physical card.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement concerning F;
1. Data on details of financial transactions;
1. Application of the Acts and subordinate statutes on replies;
1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;
1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following favorable circumstances): The instant crime is a crime detrimental to the security and trust of financial transactions.
The card lent by the defendant was actually used for fraud crime.
In 2012, the Defendant repeated the crime even though he had the record of being sentenced to suspension of indictment due to the same kind of crime.
The favorable circumstances are against the defendant's wrong recognition.
The instant case did not obtain monetary benefits.
There are no same punishment power, and elderly health conditions are not good.
The punishment shall be determined in consideration of the following circumstances, such as the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime.