전자금융거래법위반
Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
Except as otherwise provided for in any other Act, no person shall transfer any access medium used for electronic financial transactions in using and managing access medium.
On May 11, 2017, around 12, the Defendant received a proposal from a person who is not aware of his/her name, to provide a physical card at KRW 2 million when he/she lends the physical card from a person who is not aware of his/her name, and issued a national bank account (B) to a person who is not aware of his/her name, and transferred an access medium by informing him/her of his/her password.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. Application of Acts and subordinate statutes on the certificate of transfer confirmation and details of transactions;
1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The act of transferring and lending the physical card or password for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is highly likely to be used for scaming, etc.
Nevertheless, the Defendant committed the instant crime in accordance with the interests of the Defendant.
However, the defendant recognized his mistake and reflected his mistake.
There is no criminal record against the defendant.
There is no profit actually earned by the defendant.
In consideration of such circumstances, the punishment as the order shall be determined by selecting a fine.