전자금융거래법위반
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
No person shall borrow or lend any access medium, or keep, deliver or distribute any access medium in receiving, demanding or promising any consideration.
Nevertheless, the defendant, on May 2017, will give three million won per head of the Tong, if he/she is a person working in B, and if he/she lends his/her account, he/she will be given a loan to him/her.
“Around May 29, 2017, at around 17:57, in response to the receipt of the text message to the purport, “,” sent the physical card linked to the corporate bank account (C and D) in the name of the Defendant in the name of the non-party, using Kwikset Service, and lent the respective passwords of the said card to the non-party to the name of the non-party using the Kakao Stockholm Stockholm.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to E and F;
1. Application of the Acts and subordinate statutes notifying data on official receipts, account transactions, and financial transaction status;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a violation of the Electronic Financial Transactions Act due to lending an access medium connected to the account number CB bank account with a heavier account number CB bank account);
1. Selection of an alternative fine for punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;
1. The scope of punishment: Fines of not less than 50,000 won but not more than 20 million won;
2. The sentencing criteria are not set for a violation of the Electronic Financial Transactions Act in which the sentencing criteria are not set;
The sentencing criteria shall not apply because of the choice of a fine: the act of transferring or lending the electronic financial transaction access medium to a fine of three million won may cause damage to many and unspecified persons because it can be used for fraud crimes, such as Bosing, etc., and the defendant actually transferred.