전자금융거래법위반
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
No person shall transfer the means of access to electronic financial transactions.
On May 29, 2019, the Defendant listened to the statement of the purport that he would offer a loan from a person whose name is unknown to the effect that he/she would not obtain a check from him/her, without securing at all the means of guaranteeing the right to receive a check on May 29, 2019. On May 29, 2019, the Defendant sent the check card in the name of the Defendant’s Cbank account (D) to a person whose name is unknown through Kwikset service article, and notified the above person of the password number by telephone.
Accordingly, the Defendant transferred the means of access to electronic financial transactions.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes on receipts and details of transactions, details of replies to financial transaction information, and each Kakao Stockholm conversation;
1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 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. The act of transferring the means of access used in electronic financial transactions, for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, like the instant crime, requires strict punishment as an act assisting another crime, such as the crime of Bosing fraud, etc., considering the circumstances unfavorable to the Defendant, such as the fact that the cream card that the Defendant transferred and the account of the Defendant linked thereto was actually used for the crime of Bosing fraud, and the fact that the Defendant recognized the facts of the crime and divided the facts of the crime, and that there was no record of criminal punishment, etc., shall be determined as per Disposition in consideration of the circumstances favorable