전자금융거래법위반
Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
In using and managing a means of access used in electronic financial transactions, no one shall borrow or lend a means of access or keep, deliver or distribute a means of access while demanding, demanding or promising compensation, unless otherwise expressly provided for in any other Act.
Nevertheless, around November 5, 2018, the Defendant loaned the above physical card, which is a means of access, to inform the above person of the password via C Messen, in a manner that the post office in the city of Jeju, under the promise that “if the cream card is lent for two to three days to be used in order to operate the company and reduce or exempt taxes, it will pay three million won if it is lent for two to three days,” and that the cream card is delivered to the person who is not the name of the Defendant through the Jeju bank account in the name of the Defendant.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Application of Acts and subordinate statutes to written confirmation of electronic financial transfer;
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 selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The punishment as ordered is determined by comprehensively taking into account the following circumstances: (a) the second damage, singinging, etc., due to the Defendant’s criminal reason for sentencing under Article 334(1) of the Criminal Procedure Act; (b) the Defendant appears not to have anticipated such damage; (c) the Defendant has no previous criminal record; and (d) the Defendant’s age, character and conduct, family relationship, environment, circumstances and result of the crime; and (d) the circumstances revealed during the pleadings of the instant case, including