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
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 provided for in other Acts.
Nevertheless, on June 14, 2018, the Defendant received a text message stating that “the account is recruited, and if the account is lent, 3.5 million won will be given.” On June 14, 2018, the Defendant loaned the means of access to electronic financial transactions by using Kwikset-si Kwikset-based Kwikset-based Kwikset-based Kwikset-based service, which is linked to the DNA bank account under the Defendant’s name (E) in Goyang-gu, Young-gu.
Summary of Evidence
1. Defendant's legal statement;
1. G statements;
1. Details of banking transactions and details of transactions by entering and withdrawing banks;
1. Application of Acts and subordinate statutes on dialogues;
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 (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 order of provisional payment is that the means of access leased by the defendant is actually used for another crime, and the liability for such crime is not somewhat weak.
On the other hand, the defendant recognized a mistake as a primary offender, and is against himself, and there is no profit gained from the crime of this case.
The punishment as ordered shall be determined in consideration of all the sentencing factors indicated in the pleadings of the instant case, such as the age, character and conduct, environment, family relationship, and the circumstances in which the means of access was lent, etc.