전자금융거래법위반
A defendant shall be punished by imprisonment with prison labor 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
In using and managing a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.
Nevertheless, on August 1, 2018, the Defendant: (a) obtained a proposal that “10,000 won loan is possible; (b) since the current status of credit is not good, it would make it possible to borrow a loan after raising credit by repeating the entry and withdrawal; (c) 4:30, August 3, 2018, at a permanent post office located in the name of the Defendant at the center of permanent residence (49: number (C) and at the permanent address located in the name of the Defendant at the permanent address located in the name of the Defendant, at the permanent address located in 49, around August 30, 2018, the Defendant sent a physical card and a paper A4 containing the password of the above physical card to the designated address by the said non-resident; and (d) sent it to the address.
As a result, the Defendant promised to receive a future loan in return for an intangible expected profit, and lent a means of access for electronic financial transactions to a person who is named in the name.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements and written complaints of D;
1. Deposit certificate, search, seizure inspection warrant and reply data;
1. Application of Acts and subordinate statutes to report on investigation (Attachment of cellular phone pictures of suspects);
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. The transfer and lending of 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 other crimes, and in this case, the means of access leased by the Defendant was used as a singishing crime, thereby causing damage.
However, the defendant shows his attitude to recognize and reflect his mistake.
The defendant of this case.