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 a means of access used in an electronic financial transaction while receiving, demanding or promising any consideration therefor.
Nevertheless, around September 18, 2018, the Defendant accepted the proposal that “When sending a physical card, the Defendant will loan KRW 10,000,000,000 after raising credit rating through the work. To deposit and return the loan.” On or around September 19, 2018, the Defendant sent one copy of the physical card connected to the Defendant’s name in front of the Defendant’s name (E) to the Kwikset service engineer who sent the unskseter’s name and sent one copy of the physical card connected to the Defendant’s name in front of the Defendant’s name (E) and lent the means of access to financial institutions through F.
Summary of Evidence
1. Defendant's legal statement;
1. G’s written petition and written statement;
1. Application of Acts and subordinate statutes to investigative reports (personal information A and detailed statement of deposit transaction) (Attachment to the depositor A);
1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is not only impeding the stability of electronic financial transactions and trust, but also providing the means of other crimes, such as Bosing, etc., so it is necessary to severely punish the social harm. In fact, the means of access leased by the Defendant was used for other crimes.
On the other hand, the defendant recognized a mistake and reflects it, and there are no criminal records of the same kind.
The punishment as ordered shall be determined in consideration of various sentencing conditions, such as the defendant's age, character and conduct, environment, circumstances before and after the crime, and circumstances before and after the crime.