전자금융거래법위반
Defendant shall be punished by a fine of KRW 2,500,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
Except as otherwise expressly provided for in other Acts, no person shall lend any access medium with the receipt, request or promise of compensation.
Nevertheless, at around 13:30 on August 11, 2017, the Defendant agreed to receive KRW 90,000 in return for lending an account to be used for tax evasion from a liquor company from a person who is one-person D to a third party, and lent a accessible medium, promising that the Defendant sent a letter of physical card No. 1 connected to the agricultural bank account in the name of the Defendant to the address known to D in the name of the Defendant (Account Number: E) and that the Defendant sent the phone No. 1 connected to the agricultural bank account in the name of the Defendant to the address of the Defendant.
Summary of Evidence
1. Application of Acts and subordinate statutes to a police statement investigation report (Submission of a statement of bank transactions) by the defendant on F of the defendant's legal statement;
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 act of lending an electronic financial transaction access medium on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is not only an act of impairing the trust in electronic financial transactions, but also an act of causing damage to a large number of victims by using the leased access medium in a criminal act such as telecommunications financing fraud.
The defendant's leased access media has actually been abused in criminal acts and has caused damage.
However, the sentencing conditions prescribed in Article 51 of the Criminal Act shall be determined as ordered by taking into account the fact that the defendant's mistake is recognized, there is no benefit acquired by the crime, and there is no record of criminal punishment.