전자금융거래법위반
Defendant shall be punished by a fine of KRW 4,000,000.
Where a defendant fails to pay a fine, 100,000 won shall be one day.
Punishment of the crime
No person shall, in using and managing the means of access to electronic financial transactions, borrow or lend the means of access or keep, deliver or distribute the means of access while demanding, demanding or promising compensation.
On August 23, 2018, the Defendant: (a) received a proposal from a person who is unable to know his/her name by telephone from a person who is unable to know his/her name by telephone; (b) received a proposal from the Defendant to the effect that “D business is a large number of taxes, and 2.4 million won will be paid if he/she lends his/her 3-day card; and (c) accepted it on August 23, 2018; and (d) delivered a physical card connected to the Defendant’s name bank account (Account Number: H) before the Defendant’s residence in Kim Sea-si, Kim Jong-si, and F, using Kwikset to a person whose name is unknown.
Accordingly, the Defendant promised to receive compensation and lent the means of access.
Summary of Evidence
1. A protocol concerning the suspect examination of the accused;
1. Application of Acts and subordinate statutes to a statement of transfer of amount of damage, search, inspection warrant and reply data;
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. On the grounds of sentencing under Article 334 of the Criminal Procedure Act, the sentence shall be determined as ordered in full view of all the various circumstances, including the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.
Unfavorable circumstances: The defendant's excessive means of access is actually used for the crime of telecommunications-based financial fraud; the defendant seems to have been able to be aware that the means of access can be used for illegal transactions; and the favorable circumstances, such as absence of court date without permission: The defendant has no record of punishment exceeding the same or fine.