전자금융거래법위반
Defendant shall be punished by a fine of three million won.
Where a defendant fails to pay a fine, one hundred thousand won shall be the day.
Punishment of the crime
No person shall lend a means of access used in an electronic financial transaction while receiving, demanding or promising any consideration therefor.
On September 4, 2018, the Defendant was offered to the effect that, as the Defendant is a liquor company and another person’s account needs to be leased for 3 days, the Defendant would offer a loan fee of 2.7 million won, and around September 13, 2018, around September 3:30, 2018, the Defendant used a copy of the check card that is linked to the deposit account (E) in the name of the Defendant in front of the Defendant’s residence located in Gangseo-gu Seoul Metropolitan Government B building C, and sent the password to the Nonindicted Party through F.
As a result, the Defendant promised to receive compensation from a person with no name, and lent the means of access used in electronic financial transactions.
Summary of Evidence
1. Defendant's legal statement;
1. The protocol of police interrogation of the accused and the details attached thereto;
1. Application of the Acts and subordinate statutes on the authentic and written statements of G and the details of account transactions attached thereto;
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(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by taking into consideration the following circumstances, such as the defendant’s age, character and conduct, environment, motive, means and result of the crime, etc., and the records and various circumstances shown at the trial of this case:
D. Unfavorable circumstances: The act of lending means of access requires strict punishment as to the provision of so-called passbook which is abused as means of other crimes, such as tax evasion, gambling, and scam; and the Defendant’s lending connection account is used for scaming and causing the victim by using it for scaming crimes.
It shows the attitude of the defendant's wrong and reflectability, and some of the damage amount remains in the above physical card connection account.