전자금융거래법위반
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Punishment of the crime
No person shall lend any cash card or a password necessary to use the means of access to electronic financial transactions, any user number registered with a financial institution or an electronic financial institution, etc. to any third person for consideration.
Nevertheless, at around 17:00 on September 12, 2018, the Defendant: (a) proposed that “one passbook shall be lent to 1 million won per day for three days,” from a person who has no personal name, and (b) promised to deliver a physical card connected respectively to a bank account in the name of the Defendant (E) and an enterprise bank account in the name of the Defendant to a cargo-based delivery; and (c) lent the means of access to electronic financial transactions by notifying the person who has no personal identity to the above-mentioned via telephone.
Summary of Evidence
1. Defendant's legal statement;
1. G statements;
1. Copy of transfer receipt, and data response to financial institutions;
1. Application of the H dialogue-related Acts and subordinate statutes
1. Article 49 (4) 2 and Article 6 (3) 2 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 crime of transferring or lending the means of access under the Electronic Financial Transactions Act with the reason of sentencing under Article 334(1) of the Criminal Procedure Act is not only detrimental to the security and reliability of electronic financial transactions, but also becomes a means that facilitates any other crime, the case is not easy, and the means of access provided by the defendant has been actually used for the crime, on the other hand, the defendant confessions and reflects the crime in this case, and has no criminal record against the defendant, and other circumstances revealed in the records and arguments in this case shall be determined as ordered.