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
On November 14, 2017, the Defendant: (a) received a proposal from a person who was under his/her name and omitted name on November 14, 2017, stating, “The Defendant would pay 5% of the amount deposited when he/she borrowed his/her own name account; (b) he/she may withdraw all the amount deposited in his/her name; and (c) first, he/she would return the card after 2 to 3 days, if he/she would deliver the card connected to the account.” (d) On November 15, 2017, the Defendant lent the approaching media by promising the price for the new bank account held in his/her name in his/her name before the withdrawal of the name, five (5) Ma-dong, Mapo-gu, Seoul. < Amended by Act No. 15094, Nov. 15, 2017; Act No. 15083, Feb. 1, 2017>
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes to inquire into a detailed statement of transactions from entry and withdrawal, a request for suspension of payment, a bank transaction application, and details of transactions
1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The act of lending a medium of access to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act is highly likely to be used for a crime such as tax evasion, gambling, and singishing, and thus, the relevant social malicious crime was committed. In fact, the Defendant’s access media was used for fraud and the victim was generated.
However, it seems that there is no benefit to the defendant actually acquired through the crime, and there is no criminal record against the defendant, the punishment shall be determined by taking into account various factors of sentencing, such as the motive and background of the crime, the circumstances after the crime, the age, sexual behavior, and the environment.