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 transfer or acquire a means of access in using and managing the means of access under the Electronic Financial Transactions Act.
Nevertheless, at around 22:30 on March 21, 2019, the Defendant received a proposal from an in-house terminal located in Dong-gu, Daegu-gu, Daegu-ro 149, stating that “In case of sending a e-mail card, the Defendant would have a loan by accumulating the transaction performance,” and transferred the means of access under the Electronic Financial Transactions Act through Kwikset through Kwikset, which is linked to B bank accounts (C) in the name of the Defendant.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. Application of Acts and subordinate statutes to the deposit statement, the Kakao Stockholm dialogue, the details of financial data reply, and the statement of deposit and withdrawal;
1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the act of transferring a means of access for electronic financial transactions may impair the security and reliability of electronic financial transactions and be used as a means of other crimes. Thus, the nature of the crime is not good, and the fact that the means of access transferred by the defendant was actually used for the crime of fraud is disadvantageous.
However, in light of the fact that the defendant led to the crime of this case, and the mistake is divided, there is no record of criminal punishment, the defendant's age, character and behavior, environment, family relationship, means and result of the crime, and the conditions of sentencing as shown in the arguments of this case, such as the circumstances after the crime, the punishment shall be determined as ordered.