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 one year from the date this judgment becomes final and conclusive.
Punishment of the crime
No person shall lend an access medium while receiving, demanding or promising to receive compensation in using or managing the access medium.
On April 2, 2018, at around 16:00, the Defendant promised to receive 2,000,000,000 won from his name in the liquor company to use for tax reduction and exemption from the liquor company for three days, and sent a physical card connected to the Agricultural Cooperative Account (D) in the name of the Defendant, and notified the password.
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. Application of Acts and subordinate statutes on transaction details;
1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);
1. The act of lending a medium of access to the reasons for sentencing under Article 62(1) of the suspended sentence of the Criminal Act requires strict punishment as it can be used as a means of other crimes. The Defendant lent the instant access medium to the Defendant was also used for fraud crime.
However, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's name, the defendant's primary crime, the defendant's failure to obtain benefits from the crime of this case, and other conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive for the crime, circumstances after the crime, etc., as shown in the argument of this case, shall be determined as ordered.