전자금융거래법위반
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
No person shall transfer or take over any access medium in using or managing the access medium.
In the written indictment, no one shall borrow or lend any access medium while receiving, demanding or promising the payment for the use or management of access media for electronic financial transactions.
Article 49 (4) 1 of the Electronic Financial Transactions Act (transfer of access media) applies to the facts charged of this case, although it is written that there is no impediment to the defendant's exercise of his/her right to defense, and thus, it is recognized ex officio as such.
Nevertheless, on February 2, 2015, the Defendant posted an advertisement on the street in front of a dialogue terminal 10, which is located on a three-lane 10, which read “a student’s gold loan,” and sent a cell phone Kakao Stockholm case to the name-disponed person, and sent the physical card connected to the agricultural bank accounts in the name of the Defendant under the method designated by the above name-disponed person, to the above name-disponed person and sent it to the above name-disponed person by means of high-speed bus freight, and notified the password of the physical card by cell phone.
Accordingly, the defendant transferred a physical card, which is a medium access to electronic financial transactions.
Summary of Evidence
1. Statement by the defendant in court;
1. A copy of the D statement;
1. Application of Acts and subordinate statutes on transaction details;
1. Relevant legal provisions concerning criminal facts, Articles 49 (4) 1, 6 (3) 1, and 6 (3) 1 of the Act on Electronic Financial Transactions, the selection of fines for the crime (including the fact that there is no criminal record in addition to the fact that the suspension of indictment has been taken for the crime of the same kind)
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;