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
On March 21, 2018, the Defendant requires an account to be used for the collection of alcoholic beverage doctors from a person who is in the name of the Defendant.
If the account is lent for three days, 80,000 won per account shall be paid per day in return for the use of the account.
“After receipt of a proposal to the purport, at around 17:00 on the same day, a new bank account (Account Number: D) in the name of the defendant at the C office located at the window B of Changwon-si, Changwon-si, and at around 2:0 on March 22, 2018, at the above C office, the bank account (Account Number:F), Busan Bank account (Account Number: G), and the Saemaul Bank Account (Account Number: H) and at around 17:00 on March 22, 2018, the bank account in the name of the defendant was delivered to the person in default of the name.
As a result, the Defendant promised to pay for the lending of electronic financial transaction access media.
Summary of Evidence
1. Statement by the defendant in court;
1. A criminal investigation report (Submission of transaction details);
1. A report on damage;
1. Application of Acts and subordinate statutes on inquiry about the results of transfer, execution reply of a warrant of search and seizure verification, details of account transactions, copies of each passbook, and details of transactions by account
1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;
1. Selection of each alternative fine for punishment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. In a situation where the criminal procedure of the provisional payment order, which has caused serious harm to our society due to the sentencing of Article 334(1) of the Criminal Procedure Act, continues to take place, a total of five times the access media used in electronic financial transactions to a person who cannot be identified for the purpose of obtaining illegal profits, is not a good crime.
Since some of the access media leased by the defendant was actually used as a means of phishing crime, the result of the crime is not easy.
(b).