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
In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.
Nevertheless, around May 23, 2019, the Defendant heard the phrase “in order to have an employee in charge of transferring the company’s account from B located outside of name, and to have a few million won out of the company’s account take money, and to believe that there are many persons leaving the company account, it would return it after confirmation.” On the same day, the Defendant issued one physical card connected to the E (F) account in the name of the Defendant at the Daegu-gu Man-gu C6 D emergency, Daegu-gu, and sent one copy of Kwikset-gu, through Kwikset’s news article, and notified the password of the above account.
As a result, the defendant gave up the means of access to his name in return for the intangible expected profit that he can work as an employee in the future.
Summary of Evidence
1. Defendant's legal statement;
1. G statements;
1. Application of Acts and subordinate statutes to the account details, such as the details of entry and exit transactions, Kakakao dialogues, and details of transactions;
1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is likely to seriously affect society by not only impairing the safety and reliability of electronic financial transactions, but also creating a large number of victims by abusing the means of access, such as financial fraud, etc.
In fact, the means of access that the defendant lent was used for financial fraud crimes.
Considering these circumstances, it is true that there is a need for strict punishment against the defendant.
However, the defendant committed the crime of this case.