전자금융거래법위반
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
No person shall lend a means of access in the course of receiving, demanding or promising any compensation.
Nevertheless, on March 19, 2019, the Defendant received a proposal to the effect that he will give 1 million won on three (3) days in the face of lending the card, and 6 million won on nine (9) days, and provided a means of access to electronic financial transactions by means of delivering a physical card connected to the bank account under the name of the Defendant in the presence of the Defendant in the presence of Bupyeong-si C, and informing him of the password by text messages.
Accordingly, the Defendant lent the means of access to electronic financial transactions to another person while receiving, demanding or promising compensation.
Summary of Evidence
1. Defendant's legal statement;
1. F’s statement of statement;
1. Application of Acts and subordinate statutes on account transactions;
1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;
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 is highly adverse to society by not only undermining the security and reliability of electronic financial transactions, but also by abusing the means of access to various kinds of illegal acts, such as financial fraud.
In fact, the means of access that the defendant lent was used for financial fraud crimes.
In addition, the defendant acquired 400,000 won out of the money deposited in the loan account of this case by the victim who suffered financial fraud from the nameless winner as part of the price for the loan of this case.
Considering these circumstances, it is true that there is a need for strict punishment against the defendant.
However, there are favorable circumstances, such as the fact that the defendant acknowledges and reflects the crime, that there is no record of punishment more than a fine, and that there is no same criminal record.