전자금융거래법위반
Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
No person shall lend a means of access used in electronic financial transactions while demanding, demanding or promising the compensation therefor.
Nevertheless, the Defendant, on November 19, 2018, sent a text message, “300 d. d. Sheet. I would have contacted with the company designated as virtual currency. I would have no limit on taxes. I would be on a short-term basis and without any burden. When employed, I would be employed only for 300 and a three-day short-term period of time.” The Defendant sent a physical card to a person who is not the name, and agreed to lend it and receive the rent. On November 19, 2018, the Defendant sent the means of access to the financial institution by using Kwikset Card to the person who is not the name, using Kwikset-si (E)’s account in the name, and then lent the means of access to the financial institution by sending a letter of check card connected to the D Bank’s account in the name of the Defendant.
Summary of Evidence
1. Defendant's legal statement;
1. Reporting damage to the F;
1. The application of the G bank transfer certificate and the response to financial transaction information (A) Acts and subordinate statutes;
1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is not only impeding the stability of electronic financial transactions and trust, but also providing the means of other crimes, such as Bosing, etc., so it is necessary to severely punish the social harm. In fact, the means of access leased by the Defendant was used for other crimes.
Defendant has a record of being subject to juvenile protective disposition or criminal punishment on several occasions.
On the other hand, the defendant's mistake is recognized and reflected, and there is no criminal conviction or fine exceeding the same kind of criminal record or fine.
The defendant's age, character and conduct, environment, background of the crime and circumstances before and after the crime are considered in consideration of these circumstances.