전자금융거래법위반
Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Punishment of the crime
In using and managing a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.
On August 2018, the Defendant: (a) received a proposal from a deceased soldier’s name in order to “be used for operating a liquor company for three days if he/she lends his/her account to be used for tax reduction and exemption; and (b) accepted it; (c) around August 13, 2018, the Defendant sent two physical cards connected to the Defendant’s new bank account (C) and the national bank account (D) on the front side of Geumcheon-gu Seoul, Geumcheon-gu, Seoul; and (d) sent two copies of the physical cards linked to the Defendant’s name to Kwikset’s news articles, and informed him/her of the password by using E.
Accordingly, the Defendant promised to receive compensation and lent the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement concerning F;
1. Application of trade-related Acts and subordinate statutes;
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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;