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
No person may transfer or acquire a means of access.
Nevertheless, on July 2014, the Defendant received a proposal from a person whose name was unknown, stating that “When sending a securities company’s CMA passbook and card, the Defendant would lend KRW 5 million to the securities company.” The Defendant, in front of the Defendant’s home located in Gangnam-gu Seoul, sent a paper, stating a cash card and password connected to the Defendant’s account in the name of the Defendant (Account Number: Account Number) to a person whose name was unknown through Kwikset Service.
Accordingly, the Defendant transferred one cash card, which is a means of access for electronic financial transactions.
Summary of Evidence
1. Defendant's legal statement;
1. Statement (D);
1. Application of statutes on search, seizure, verification warrant and response materials;
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 sentencing of this case was determined by taking into account the following circumstances with regard to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order.
In order to obtain a loan, the Defendant transferred the means of access to a person whose name is unknown, such as facts constituting a crime, but did not actually receive a loan.
The Defendant asserts that this case’s crime was brought about due to poor financial standing.
The defendant makes a confession of facts constituting an offense from the time of detection and seeks countermeasures.
The defendant has been sentenced to a fine four times and has no criminal record of suspension of execution or more.
In consideration of all the circumstances, such as the degree of general punishment for the transfer of means of access, the sentencing conditions were considered.