전자금융거래법위반
Defendant shall be punished by a fine of three 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, such as an electronic card used in electronic financial transactions and other similar electronic information, certificate, password, no one may borrow or lend a means of access while receiving, demanding or promising any consideration, unless otherwise specifically provided for in any other Act.
Nevertheless, around September 19, 2018, the Defendant received a proposal from a person who was not related to his name and accepted the proposal that "if he borrowed a physical card to be used for tax reduction and exemption, he will pay 2.4 million won to the person who was not related to his name, he will pay 2.4 million won to the person who was not related to his name." On September 20, 2018, the Defendant sent one physical card connected to the E Bank (F) account in the name of the Defendant to the person who was not related to his name in Daegu-gu, Seo-gu.
As a result, the Defendant promised to pay for, lent the means of access used in electronic financial transactions.
Summary of Evidence
1. Defendant's legal statement;
1. G self-statements;
1. Application of written confirmations of results of electronic financial transfer, details of deposit transactions, customer information inquiry table, and statutes concerning details of transactions;
1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act unfavorable to the defendant's provisional payment order: Circumstances that are favorable to the use of the means of access leased by the defendant for fraud: confession and reflect; the primary offender; the defendant's age, character and conduct, environment, family relationship; motive and consequence of the crime; and circumstances shown in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered, taking into consideration.