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 any electronic card or similar information, password necessary to use information, etc., which is a means of access to electronic financial transactions, or lend or borrow such card or password for consideration.
On August 3, 2016, the Defendant promised to pay the means of access to a third party through Kwikset Service on the condition that two cash cards, which are the means of access linked to two KB National Bank accounts (C and D), under the name of the Defendant at the Defendant’s residence located in GYY-si, B, 2016, should be paid a rental fee of three million won, and lent the means of access to another person.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E and F;
1. Details of financial transactions;
1. Application of replies to requests for financial transaction information;
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 crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order can be abused as a means of another crime, not only impairing the safety and trust of financial transaction, but also impairing the security and trust of financial transaction. The card lent by the Defendant is also used for the actual fraud crime, and the Defendant cannot be exempted from the corresponding punishment.
However, the punishment as ordered shall be determined by taking into account all the sentencing conditions shown in the pleadings of this case, such as the fact that the defendant is against the wrong and that the defendant is the first offender, the age, environment, circumstances of the crime, the result of the crime, and the circumstances after the crime.