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 lend, keep, deliver or distribute any access medium while receiving, demanding or promising to receive any consideration in using or managing the access medium.
Nevertheless, the Defendant, at around 16:00 on December 5, 2017, lent 3 million won per 1,000 won to a person who could not know who misrepresented the name “B” company staff.
“Along with the horse, Kwikseter’s service article in the Gyeonggi Kimpo-si, sent a physical card connected to the Defendant’s name to the Defendant’s bank account (D) and lent the approaching medium in return for the promise to receive the price.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement protocol of the E police;
1. Application of statutes on certificates of deposit confirmation, business registration certificate, and temporary labor contract;
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) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act - favorable circumstances: the defendant reflects his mistake.
The Defendant was not aware from the beginning that he was to be used for the criminal act of licensing.
The Defendant returned 90,000 won to the phishing victim.
- Unfavorable circumstances: Lease of access media is an act that facilitates various crimes, such as tax evasion, Internet gambling, scambling, etc., and the social harm is serious.
The Defendant’s account transferred by the Defendant caused the phishing damage, and the total damage was not recovered.
Since the defendant was investigated as a fact that he had previously lent the check card, he seems to have recognized that the act of lending the approaching media can be a criminal act.
- Other motive and circumstances of the instant crime, the amount of relevant damage, and