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
No person shall borrow or lend any access medium while receiving, demanding, or promising to provide compensation in using or managing the access medium.
Nevertheless, on August 7, 2017, the Defendant lent a e-mail card that is not used from a person who has no name but to the name of the Defendant, and up to KRW 2 million per e-mail.
“On the 10th day of the same month, the message of the content was received and received, and then received KRW 2 million from the C’s call located in the Gu, American, and the post office account (number: D) located in the Defendant’s name was sent to the person who was in the name of the Defendant using the phone that was connected to the post office account (number: D).
Accordingly, the Defendant promised to pay the price, and lent the approaching media.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes on financial transactions;
1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The transfer and lending of access media for electronic financial transactions on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act can be used as a means of other crimes. In this case, the access media leased by the Defendant was used for the phishing crime, thereby causing damage.
However, the defendant recognized his mistake and is in profoundly against himself.
There is no profit acquired by the defendant due to the instant case.
There are no criminal records which exceed the same kind of crime and fine.
In addition to this, the defendant's age, sex, environment, motive, means and consequence of the crime, and various circumstances revealed in the trial process, such as the situation after the crime, shall be determined as ordered.