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
No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access while demanding, demanding or promising compensation.
Nevertheless, on January 21, 2019, the Defendant received a proposal that “The Defendant would make payment for 2% of the amount deposited in the account if he/she lent the e-mail card” from a person who has no personal name, and accordingly, sent the e-mail card connected to the Agricultural Cooperative (B) account in the name of the Defendant at the Dogdong post office located in Daegu North-gu Gyeongjin-ro 5 on the same day by entering the password of the e-mail card in the back of the e-mail, and notified the account number by telephone.
Accordingly, the Defendant promised to provide compensation and lent the means of access.
Summary of Evidence
1. The suspect interrogation protocol of the accused;
1. Statement to C by the police;
1. Application of Acts and subordinate statutes on deposit certificates and transactions of agricultural cooperatives;
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 act of lending the means of access on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act needs to be strictly eradicated as it is highly likely to be misused for offenses with great social harm, such as tax evasion, gambling, telephone financial fraud, etc.
In fact, the means of access that the defendant lent was used to commit fraud, causing damage.
In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime, etc. and the various conditions of sentencing as shown in the argument of this case shall be determined as ordered by considering the following factors.