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A defendant shall be punished by imprisonment with prison labor for three 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.
Reasons
Punishment of the crime
1. No person who violates the Act on Specialized Credit Financial Business shall lend the name of a credit card merchant to another person;
Nevertheless, around September 2014, the Defendant promised to receive 700,000 won in the name of the credit card member store in the name of “C” registered in the name of the Defendant from the public notice center located in Yeongdeungpo-gu Seoul Metropolitan Government, to receive the price in the name of “C,” which was registered in the name of the Defendant.
2. The Defendant violated the Electronic Financial Transactions Act (hereinafter “Electronic Financial Transactions Act”) lent the name of a credit card merchant to a person who was infinite, and transferred a passbook and a e-mail card connected to the bank account (D) of his name to a person who was infinite.
Summary of Evidence
1. Statement by the defendant in court;
1. Provision of financial transaction information;
1. Application of statutes on details of business registration;
1. Relevant Article of the Act on Criminal Facts and Article 70(3)6 and Article 19(4)4 (a) of the former Financial Industry Specializing in Credit Business (Amended by Act No. 13068, Jan. 20, 2015); Articles 49(4)1 and 6(3)1 (a) of the Electronic Financial Transactions Act (a transfer of access media) of the Act on Electronic Financial Transactions; and each option of imprisonment with labor;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act (including the fact that there is no criminal record of a suspended sentence or any heavier punishment);