전자금융거래법위반
Defendant shall be punished by a fine of two 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, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.
Nevertheless, on June 25, 2018, the Defendant borrowed one check from a person who is not the deceased, promised to receive KRW 800,000 in cash when he/she borrowed one check, and then, promised to receive KRW 80,000 in cash at the front of the Bapo-si Bapo-si in front of the Bapo-si Bapo-si on the same day and lent the means of access by delivering one check card connected to the account under the name of the Defendant to the Kwikset-si service engineer in front of the
As a result, the defendant promised to receive the price, and lent the means of access necessary for electronic financial transactions to the name partner.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes on deposits without passbook;
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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the sentencing of the provisional payment order is as follows: (a) it is necessary to strictly eradicate the lending of the means of access, such as the instant case, because it is highly likely to be abused for crimes that have great social harm, such as tax evasion, gambling, telephone financial fraud, etc.
However, the defendant recognizes and reflects his crime.
The money used in the crime of fraud and deposited into the account in the name of the defendant was returned to the victim of the crime of fraud by the defendant's application for the suspension of payment.
There is no same power for the accused and only one fine for a different kind of crime.
The punishment shall be determined as per the order, comprehensively taking into account such circumstances and other various sentencing conditions as the defendant's age, character and conduct, environment, and circumstances after the crime.