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
Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium or distribute, keep and deliver any access medium while demanding, demanding, or promising to provide, demand, or promise the compensation.
Nevertheless, on November 28, 2017, the Defendant received a proposal from a person who was in non-name at around 13:00 and responded to the proposal to pay KRW 3,00,000 if he/she lent the e-mail card between three months, and then sent one copy of the e-mail card linked to the e-mail account in the name of the Defendant at the location of the post office located in the non-de-Eup of the Dongcheon-si, Dongcheon-si, the Defendant sent the e-mail card to the non-de-name, and immediately notified C of the password of the above e-mail card.
Accordingly, the Defendant promised to pay the price, and lent the approaching media.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. Application of the Act and subordinate statutes on Account Transactions (in the face of 34 investigation records);
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. In light of the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, considering the risk, etc. that is likely to be misused for the so-called phishing fraud fraud, strict measures are required for transferring or lending electronic financial transaction access media. It is inferred that the damage amount including the confirmed damage amount exceeds KRW 10,000,000,000,000,000,000 won.
Although the defendant's mistake is against the defendant, and the approaching media was lent to the defendant's compensation due to the lending of the approaching media, it seems that the defendant did not actually receive the compensation.
The Defendant is an initial offender who has no criminal history.
In addition, the age, family relationship, motive, circumstance, etc. of a crime in which the defendant stated shall be determined as per the disposition.