전자금융거래법위반
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
No person shall lend a means of access while demanding, demanding or promising compensation.
Nevertheless, at around 15:00 on January 14, 2019, the Defendant: (a) received 2.4 million won (E) rental fee for 3 days from a person under whose name the Defendant misrepresented the employees of a liquor company; (b) delivered two copies of the check card connected to the D Association (E) and F Association (G) account in the name of the Defendant; and (c) notified the password by telephone.
Accordingly, the Defendant promised to provide compensation and lent the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. A H statement;
1. Dials and photographs;
1. Application of Acts and subordinate statutes on receipt of deposits, details of account transactions, and response to financial data;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative fine for punishment;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The following grounds for sentencing under Article 334(1) of the Criminal Procedure Act are the circumstances unfavorable to the defendant.
The Defendant’s act of lending the means of access to another person, like the instant crime, needs to be strictly punished inasmuch as it can be used as other means of crime, such as singishing.
In this case, the means of access lent by the defendant was used for the crime of Bophishing fraud, causing damage.
On the other hand, the fact that the defendant recognized the crime and reflects it, and that it is the first offender who had no record of punishment prior to the instant case is favorable.
In addition, the punishment shall be determined as ordered in consideration of the various sentencing conditions shown in the records and arguments of this case, such as the age, character and conduct, environment, circumstances after the crime, and circumstances after the crime.