전자금융거래법위반
Defendants shall be punished by a fine of three million won.
In the event that the Defendants did not pay the above fine, only 100,000 won.
Punishment of the crime
1. In using and managing the means of access, no defendant A may receive, demand or promise to borrow or lend the means of access, or keep, deliver or distribute the means of access.
Nevertheless, at around 12:30 on November 30, 2018, the Defendant listened to the statement that “if it is possible to use the account for one month, it would be paid in advance to the advance of the convenience store located around the Defendant’s home located in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, the Defendant sent the e-mail card connected to the Defendant’s name in advance of the convenience store.” The Defendant sent the e-mail card to the Defendant using Kwikset service.
Accordingly, the Defendant promised to receive compensation and lent the means of access.
2. In using and managing the means of access, Defendant B shall not receive, demand or promise to borrow or lend the means of access, or keep, deliver or distribute the means of access.
Nevertheless, around December 3, 2018, the Defendant listened to the statement that “I will pay KRW 2,00,000,000 to the account of the company bank account in the name of the Defendant (H)” from the nameless beneficiary of the “F, who operates theG, and lends the e-mail card to the account of the company bank account in the name of the Defendant,” and sent the e-mail card to the nameless beneficiary using the e-mail service.
Accordingly, the Defendant promised to receive compensation and lent the means of access.
Summary of Evidence
1. Defendants’ respective legal statements
1. A written statement of I;
1. Each reply to a seizure warrant;
1. Application of Acts and subordinate statutes concerning his/her financial transactions and conversation between him/her;
1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act and the selection of fines for criminal facts;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for a provisional payment order are the transfer or lending of the means of access under the Electronic Financial Transactions Act.