전자금융거래법위반
Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
In using and managing the means of access, no person shall, unless otherwise specifically provided for in other Acts, borrow or lend the means of access with the knowledge that the means of access is to be used for any crime or to be used for such crime.
Nevertheless, around December 4, 2018, the Defendant received a proposal to the effect that “the credit rating should be obtained by falsely accumulating the transaction performance, and for this purpose, the physical card under the Defendant’s name is required.” On December 5, 2018, the Defendant sent one copy of the physical card connected with the Defendant’s name bank account (E) on the front of the road located in Kimhae-si B. On December 5, 2018.
Accordingly, the Defendant lent the means of access for the purpose of crime use.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Application of Acts and subordinate statutes to the details of entry and departure transactions, and search, seizure, verification warrant and reply materials (such as details of account transactions);
1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 3 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 sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of the provisional payment order is based on a comprehensive consideration of the Defendant’s age, character and conduct, the contents and circumstances of the instant crime, and the circumstances after the commission of the crime, as set forth in the order.
The act of lending means of access is not only detrimental to the safety and reliability of electronic financial transactions, but also it is necessary to strictly cope with the risk of massing a large number of victims because it is used for other crimes.
The means of access leased by the accused was actually used for the fraud crime.
Even in 2009, the Defendant committed the instant crime without being aware of the record of punishment for the same kind of crime.
A favorable circumstance: The defendant recognizes the crime of this case.