전자금융거래법위반
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.
Nevertheless, in December 2017, the Defendant received 10% of the amount of tax reduction or exemption in return for lending the physical card connected to the head of the Tong for tax reduction or exemption, and delivered a copy of the physical card linked to the Saemaul Bank Account (Account Number B) to the Defendant’s name through Kwikset Service Articles.
As a result, the Defendant promised to pay for the price, and used the access media for those who are unable to know the name of the access media.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Inquiry into the results of transfer process and the application of the Saemaul Treasury replies statutes;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions and the Selection of fines concerning facts constituting an offense;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) lent the Defendant’s access medium connected to the Defendant’s account as monetary consideration.
The above-mentioned access media leased by the defendant was actually used for the crime of fraud of an unidentified person.
However, the Defendant recognized and reflected the instant crime.
Defendant has no record of criminal punishment for the same crime.
There is no profit gained by the defendant from the crime of this case.
In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime.