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
At around 16:00 on March 11, 2019, the Defendant received a proposal from employees of the small-scale trading company in his name in the Seocho-gu apartment security room, Seo-gu, Seoul, that “The Defendant would lend the physical card to KRW 300,000,000,000 from the employees of the small-scale trading company in his name.” The Defendant sent the check card to the said security guard, which is linked to the bank account (Account Number: C) in the name of the Defendant, and sent it to the above person who has no name.
Accordingly, the Defendant promised to receive compensation and lent the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Details of account transactions;
1. Application of the Investigation Report (No. 4) Acts and subordinate statutes;
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. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is likely to seriously affect society by not only impairing the safety and reliability of electronic financial transactions, but also creating a large number of victims by abusing the means of access, such as financial fraud, etc.
In fact, the means of access that the defendant lent was used for financial fraud crimes.
Considering these circumstances, it is true that there is a need for strict punishment against the defendant.
However, the fact that the defendant recognizes the crime of this case, that there is no criminal records punished for the defendant, and that the defendant is a person with a disability of grade 6 with brain-disease, etc., are favorable to the defendant.
The sentence was determined as the order by actively taking into account the circumstances favorable to the defendant.