전자금융거래법위반
Defendant shall be punished by a fine of KRW 3,500,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
No person shall transfer or acquire any electronic card or similar information, password necessary to use information, etc., which is a means of access to electronic financial transactions, or lend or borrow such card or password for consideration.
On February 2, 2016, the Defendant transferred the means of access to the Defendant’s cash card, which is a means of access connected to the account under the name of the Defendant, and cash card, which is a means of access linked to the Defendant’s national bank account (D), to the Nonindicted Party through Kwikset Service.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E and F;
1. Application of Acts and subordinate statutes concerning account transactions;
1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative fine for punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. In light of the fact that the instant crime on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act for sentencing of the provisional payment order may be abused as a means of other crimes as well as impairing the safety and trust of financial transaction, and the transferred cards, etc. may also be used for actual fraud crimes, and the card transferred by the Defendant was also used for the same crime even around April 2015, and the Defendant again committed the instant crime even though he was investigated by the police, it is necessary to punish the Defendant with strict punishment.
However, the punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the arguments of this case, such as the fact that the defendant reflects the mistake, the fact that there is no record of crime, and the age, character and conduct, environment, background of crime, the result of crime, the circumstances after the crime, etc.