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 one shall, while promising to receive compensation, lend the means of access under the Electronic Financial Transactions Act to any third person.
Nevertheless, at around 15:00 on November 6, 2018, the Defendant received a proposal that “if he/she lends his/her physical card for three to five days, he/she shall pay KRW 3,000,000 per sheet to the third party,” and that “if he/she lends his/her physical card for three to five days, he/she shall be paid KRW 3,000,000 per sheet to the third party, the means of access, the means of access, E Bank Account (F), G Bank Account (H), and I Bank Account (J).”
Accordingly, the Defendant promised to receive compensation and lent the means of access under the Electronic Financial Transactions Act.
Summary of Evidence
1. Defendant's legal statement;
1. The police interrogation protocol of the accused (including attached materials);
1. A criminal investigation report (informating data submitted by a suspect);
1. Certificate of remittance;
1. Application of Acts and subordinate statutes governing E bank account transactions replys;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative fine for punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the means of access leased by the defendant is actually used for another crime, and the liability for such crime is not somewhat weak.
On the other hand, the defendant recognized a mistake as a primary offender, and is against himself, and there is no profit gained from the crime of this case.
The punishment as ordered shall be determined in consideration of all the sentencing factors indicated in the pleadings of the instant case, such as the age, character and conduct, environment, family relationship, and the circumstances in which the means of access was lent, etc.