전자금융거래법위반
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
In using and managing a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.
Nevertheless, on December 10, 2018, the Defendant, upon receiving a proposal from a person whose name is unknown, agreed to receive 800,000 won per day a card from a person who has borrowed a card for three days, at least 80,000 won per day, per 1 card. On the same day, the Defendant provided a physical card connected to the D (E) account in the name of the Defendant at a permanent residence of B, and lent the means of access by providing each copy of the C card connected to the D (G) account in the name of the Defendant.
Accordingly, the Defendant promised to receive money and lent the means of access necessary for electronic financial transactions to others.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement related H;
1. A written statement of I;
1. Application of Acts and subordinate statutes on account details, transaction details, and each investigation reporting;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;
Article 40 or 50 (Selection of Punishment of Fines)
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order are as follows: (a) the Defendant had lent the electronic financial means of access to the instant case; (b) the Defendant had no record of committing any crime; and (c) the Defendant has recognized the Defendant’s mistake and reflect in depth; and (d) the Defendant’s age, character and conduct, environment, relationship with the victim, motive, means and consequence of the crime; and (e) the circumstances after the crime are considered as follows.