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 an access medium while receiving, demanding or promising to receive compensation in using or managing the access medium.
Nevertheless, around February 7, 2017, the Defendant promised to receive KRW 3 million per account from a person whose name is unknown, from a person whose name is unknown, in total, one million won per account in the name of the Defendant’s new deposit account (Account Number: B), the KEB Bank Deposit Account (Account Number: C), and the Saemaul Bank Deposit Account (Account Number: D). On February 7, 2017, the Defendant informed Kwikset of the password’s identification number through Kwikset service.
Accordingly, the Defendant promised to pay for the damages and lent the approaching media.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes to detailed inquiries about transaction details, response to financial transactions details, and reply to factual inquiries;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of an alternative fine for punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order requires a strict punishment against the defendant in that the defendant lent access media to the defendant in return for a promise to pay the price, and the nature of the crime is not minor, but the access media leased by the defendant was used for the Aggravated Financial Fraud.
However, in light of various circumstances, such as the defendant's recognition of the crime of this case and his mistake, the defendant has no record of punishment for the same crime of this case, and the defendant's age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account such various circumstances as the sentencing conditions in the records.