전자금융거래법위반
Defendant shall be punished by a fine of 3.5 million won.
Where a defendant fails to pay a fine, one hundred thousand won shall be the day.
Punishment of the crime
In using and managing the means of access, no one shall transfer or acquire the means of access or promise to receive compensation unless otherwise specifically provided for in other Acts, nor shall he/she lend or receive the means of access.
Nevertheless, the Defendant agreed to grant 20,000 won to an account for a day from a person who has no name but to lend the means of access to the account and to acquire cash. On May 17, 2017, the Defendant sent the above physical card to a person who has no name in the name by leaving one check card connected to the name of the Defendant in the Yangcheon-gu Seoul Metropolitan Government's bank account (Account Number C) in the name of the Defendant at the Yangcheon-gu apartment guard office and allowing him/her to find a person who has no name.
Accordingly, the Defendant promised to borrow a means of access used in electronic financial transactions to receive compensation.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes of transfer receipt;
1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act: The act of lending the means of access is a crime that has a substantial ripple effect on the grounds that it can be used for such crimes as tax evasion, gambling, and scaming.
In fact, the personal card lent by the defendant was used to commit fraud and the damage was caused.
The favorable circumstances: The defendant reflects the crime and has no record of criminal punishment.
There seems to be no benefit acquired from the crime of this case.
As above, the defendant's favorable circumstances and other conditions of sentencing, such as the defendant's age, character and conduct, motive, background, means and consequence of the crime, the circumstances after the crime, etc., and the records.