Text
Defendant
A shall be punished by imprisonment with prison labor for four months and by imprisonment for three months.
, however, for two years from the date this judgment has become final.
Reasons
Punishment of the crime
1. No person who intends to make a transaction request in electronic financial transactions or lend a means of access used to secure the authenticity and accuracy of users and the details of such transaction in receiving, demanding or promising the payment;
Nevertheless, around September 11, 2019, the Defendant received a proposal from a name-free person who misrepresented the lending company's staff and accepted the proposal to the effect that "on the face of sending a physical card, the Defendant will execute the loan", and then delivered one physical card connected to the CUnion account (D) in the name of the Defendant at the regular cargo business office located in the Seocheon-gu, Seocheon-gu, Daegu-gu.
Accordingly, the Defendant promised to lend the means of access for electronic financial transactions.
2. No person who is accused B shall issue a transaction request in electronic financial transactions or lend a means of access used to secure the authenticity and accuracy of users and the details of such transaction in receiving, demanding or promising the payment;
Nevertheless, on September 2019, the Defendant: (a) obtained a proposal from a person under whose name the Defendant had misrepresented to a lending company’s staff member and consented to “to execute a loan if sending a physical card;” and (b) delivered a physical card connected to the E-bank account (F) in the name of the Defendant at the long-term Dong post office located in 273, Seogu-gu, Daegu-gu, by using a one copy of the physical card connected to the E-bank account in the name of the Defendant.
Accordingly, the Defendant promised to lend the means of access for electronic financial transactions.
Summary of Evidence
1. Defendants’ respective legal statements
1. Protocol of the police statement concerning G;
1. Application of Acts and subordinate statutes to a summary, details of transfer, and investigation report on data on financial transaction information reply (No. 10);
1. Relevant Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act and the Defendants’ choice of punishment for criminal facts
1. Defendants of the suspended sentence: Criminal Act.