전자금융거래법위반
Defendant shall be punished by a fine of KRW 3,000,000.
Where the defendant does not pay the above fine, 100,000 won shall be one day.
Punishment of the crime
No person shall borrow or lend a means of access for electronic financial transactions while receiving, demanding or promising any compensation therefor.
1. On August 7, 2018, the Defendant accepted the proposal that “A tax account is needed for the operation of alcoholic beverage manufacturers. If the Defendant borrowed the check card, he/she will pay 3 million won per three days per card.” On August 7, 2018, the Defendant issued two check cards connected to the D (E) and F (G) accounts under the name of the Defendant using Kwikset Service in the Daegu Jung-gu, Daegu.
As a result, the defendant demanded or promised to demand compensation and lent the means of access for electronic financial transactions.
2. On August 8, 2018, the Defendant: (a) received a proposal from the person who was unaware of his/her name, stating that “The Defendant lost his/her check; (b) he/she would pay a total of eight million won when sending the check,” and accepted the proposal; (c) around August 8, 2018, he/she received a re-issuance of the check connected with the said F Account and D Account; and (d) issued two re-issuance cards to the person who was not aware of his/her name using Kwikset Service in Daegu-gu, Daegu-gu, using Kwikset Service.
As a result, the defendant demanded or promised to demand compensation and lent the means of access for electronic financial transactions.
Summary of Evidence
1. Defendant's legal statement;
1. Written petition by J;
1. Application of Acts and subordinate statutes to the details of transactions, closure photographs, each detailed statement of transactions and telephone conversations, investigation reports (Submission of data, such as details of suspect K dialogues), investigation reports (Submission of suspect DNA details of transactions);
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 for the ordinary concurrences;
1. The defendant who selected the selective fine for punishment reflects his fault, and there is no record of the same kind of crime, and the crime of this case.