전자금융거래법위반
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
In using and managing a means of access, no one shall borrow or lend a means of access or keep, deliver or distribute a means of access while demanding, demanding or promising compensation, unless otherwise expressly provided for in other Acts.
Nevertheless, on July 31, 2018, the Defendant listened to the purport that “the Defendant would grant a loan by raising the e-mail card and password,” from a lender who is unable to know his name at an insular location, and then notified Kwikset service articles sent by the borrower who is unable to know his name on the front side of Gangnam-gu Seoul, Seoul, of the password’s name, one e-mail card connected to the Cbank’s account (D) in the name of the Defendant and the password by telephone.
As a result, the Defendant promised to receive an intangible expected profit from future loans and lent the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Details of transfer, investigation reports ( investigation into an application for a warrant of search and seizure of a financial account), replies to a request for financial transaction information, details of deposit and withdrawal, requests for cooperation in investigation (CCTV) and application of Acts and subordinate statutes governing response to CCTV video data;
1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense; selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. The reason for sentencing under Article 186(1) of the Criminal Procedure Act, which bears the cost of lawsuit, appears to have been used in committing fraud, and is disadvantageously unfavorable.
However, there are extenuating circumstances, such as the fact that the Defendant was deceptioned to commit the instant crime, the fact that the Defendant appears to have been against the Defendant while recognizing the instant crime, and the fact that the Defendant was the first offender.
Such circumstances and the age, character and conduct, environment, motive, means and result of the crime;