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
No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising compensation.
Nevertheless, at around 10:30 on September 17, 2018, the Defendant lent the means of access to financial institutions, with a condition of 2,300,000 won under the condition of lending the crow card for 7 days in front of the Defendant’s residence, via Kwikset service article, to the name-disskseter through the article of Kwikset Service, indicating the password in the name of the Defendant’s account (D), and promising to lend the means of access to financial institutions by entering the password in the note.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of a written confirmation of transfer transactions and a certificate of transfer;
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. In light of the fact that the crime of lending means of access under the Electronic Financial Transactions Act, on the grounds 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 other crimes, there is no need for strict punishment against the Defendant in light of the fact that the means of access in this case leased by the Defendant was actually used for the crime
However, the defendant appears to repent of wrongness while making a confession, and the defendant has no record of crime except for juvenile protective disposition once, and other conditions of sentencing specified in the arguments of this case, such as the defendant's age, character, conduct and environment, motive, means and consequence of the crime, etc., shall be determined as ordered by considering the following factors.