전자금융거래법위반
Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On April 2, 2014, the Defendant received the word “personal loanable” and consented to the offer “to lend a loan if the Defendant opened and forwarded the passbook.” On the same day, the Defendant transferred the cash card in the name of the Defendant to the person whose name cannot be known through Kwikset Service at the New-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City (Account Number B) at around 12:30.
Accordingly, the Defendant transferred the cash card, which is the means of electronic financial transactions.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Details of passbook transactions;
1. Application of the Acts and subordinate statutes governing the CD-making video data reply;
1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The crime, such as the transfer of the means of access, based on the sentencing reason of Article 334(1) of the Criminal Procedure Act, is not only detrimental to the safety and reliability of electronic financial transactions, but also has a significant adverse impact on society by using the means of access, such as scaming, etc., and thus creating a large number of victims.
In actual case, the means of access leased by the defendant was used for the crime of Bophishing fraud and the victim was generated.
However, the Defendant was the first offender, and was under way to lead to the instant crime without any suspicion, and the actual gains from the instant crime were nonexistent, taking into account the type and number of means of access leased by the Defendant, occupation and property status, and sentencing in the same kind of case, etc., the sentence was determined as above.
It is so decided as per Disposition for the above reasons.