전자금융거래법위반
Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
No person shall lend any means of access for electronic financial transactions in the course of promising the price therefor.
Nevertheless, on December 12, 2017, the Defendant received a call from a person in unsound name to the effect that “If he/she lends 200,000,000 won to the account that was linked to the account in the name of the Defendant, he/she would offer to KRW 3 million.” On December 12, 2017, the Defendant accepted it, and at the C cafeteria located in Seocheon-si, Seocheon-si, B, one copy of the C cafeteria card linked to the national bank account in the name of the Defendant (Account Number: D) was delivered to Kwikset service articles, a physical card, which is a accessible medium, to the above person.
As a result, the Defendant promised to pay for the access media for electronic financial transactions.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Investigation report (Attachment of suspect A mobile phone Stockholm photographs), cartoo photographs;
1. Application of Acts and subordinate statutes on financial transaction information;
1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act - the favorable circumstances: the defendant reflects his mistake in depth and has no record of other criminal punishment.
The Defendant was not aware from the beginning that he was to be used for the criminal act of licensing.
The Defendant repaid the amount of damage to phishing victims, and agreed with the husband of the victim ( currently the victim is unable to reach a direct agreement with the hospital).
- Unfavorable circumstances: Lease of access media is an act facilitating various crimes, such as tax evasion, Internet gambling, and singing, and such social harm is serious, and the actual Defendant actually suffered singing damage through the account transferred.
- Other.