전자금융거래법위반
A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
Except as otherwise expressly provided for in any other Act, no one shall borrow or lend any access medium necessary for electronic financial transactions, or store, deliver or distribute such medium while receiving, demanding or promising any consideration.
Nevertheless, on March 13, 2017, the Defendant: (a) received text messages from a person in the name of the Defendant who borrowed a passbook to give money; (b) lent a approaching medium; and (c) received cash in front of the Dong-gu, Yongsan-gu, U.S. as one cash loan fee for an access medium; and (d) delivered a copy of the physical card connected to the company bank account (Account Number: D) in the name of the Defendant.
As a result, the Defendant promised to receive the access media necessary for electronic financial transactions in return for payment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of the Acts and subordinate statutes to notify data on financial transaction status, such as a certificate of transfer;
1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;
1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the following circumstances are taken into account: (a) the Defendant’s leased access media on the grounds of sentencing under Article 62(1) of the Criminal Act: (b) the damage was incurred due to the use in the singing crime; (c) the damage was not recovered