전자금융거래법위반
Defendant shall be punished by a fine of KRW 3,000,000.
Where the defendant does not pay the above fine, 100,000 won shall be one day.
Punishment of the crime
No person shall, 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, etc., borrow or lend a means of access while demanding or promising to receive compensation, unless otherwise specifically provided for in any other Act.
Nevertheless, around August 20, 2018, the Defendant received a proposal to the effect that “The e-mail card to be used for the purpose of tax reduction and exemption will be placed in 3 and 1,200,000 won each, if he/she lends the e-mail card to an employee of a liquor company for five days,” and then sent a copy of the e-mail card connected to the e-bank account under the name of the Defendant at the Defendant’s home of the Da-gu building C, Daegu-gu, Seoul, by using Kwikset on October 21, 2018.”
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. Protocol of the police statement concerning G;
1. Details of deposit transactions and reply to a warrant of search, seizure and verification;
1. Application of Acts and subordinate statutes to investigation reports (Attachment of Suspect A E-bank Transactions Statements);
1. Relevant Article of the Act on Criminal Facts, Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act, the choice of a fine ( Taking into account the fact that: (a) the defendant reflects his/her mistake; (b) there is no record of criminal punishment; and (c) it appears that there is no benefit from the crime of this case);
1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above;