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 one shall issue a transaction request in electronic financial transactions or lend a means of access used to secure the authenticity and accuracy of users and the details of such transaction at the same time.
Nevertheless, on December 4, 2018, the Defendant: (a) received a proposal from a nameless person who became aware of a mobile phone loan text message to KRW 5 million; (b) “The Defendant shall send the check card of the principal account to repay the loan.” (c) around December 5, 2018, the Defendant sent the check card, etc. connected to the Defendant’s B (C) account in front of the Jkset-gu, Chang-si, Chang-si, Seoul, and (d) around December 5, 2018.
Accordingly, the defendant provided a loan to the means of electronic financial transactions.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Details of deposits, details of account transactions, and application of Acts and subordinate statutes on dialogues;
1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of the provisional payment order is based on a comprehensive consideration of the Defendant’s age, character and conduct, the contents and circumstances of the instant crime, and the circumstances after the commission of the crime, as set forth in the order.
The act of lending means of access is not only detrimental to the safety and reliability of electronic financial transactions, but also it is necessary to strictly cope with the risk of massing a large number of victims because it is used for other crimes.
The means of access leased by the accused was actually used for the fraud crime.
A favorable circumstance: The Defendant recognized the instant crime and did not repeat the same mistake.
The defendant.