전자금융거래법위반
Defendants shall be punished by a fine of KRW 3,000,000.
In the event that the Defendants did not pay the above fine, 100,000 won.
Punishment of the crime
Except as otherwise expressly provided for in other Acts, no person shall transfer or take over any access medium, or lend or take over any access medium in return for promising to receive any consideration.
1. Notwithstanding Defendant A, the Defendant, on February 12, 2018, lent a medium of access to the account with letters written from a person without his/her name, lent a medium of 700,000 won per day to acquire cash of the same day. On the same day, the Defendant sent the physical card of the Saemaul Treasury Account (E) opened in the name of the Defendant to the address designated by the person without his/her name because he/she was located in Guro-gu Seoul Metropolitan Government on the same day and notified the mobile phone password.
As a result, the Defendant promised to pay for the access media used in electronic financial transactions.
2. Nevertheless, Defendant B, on February 12, 2018, received letters from a person without his/her name, lent a medium of access to the account with the intention of lending KRW 800,000 per day to acquire the cash of KRW 80,000 per day. On the same day, at G business offices located in Geumcheon-gu Seoul Metropolitan Government F in the name of the Defendant, the Defendant sent the physical card of the national bank account (H) opened in the name of the Defendant at the address designated by the person without his/her name, and notified the mobile phone password
As a result, the Defendant promised to pay for the access media used in electronic financial transactions.
Summary of Evidence
1. Defendants’ respective legal statements
1. A protocol concerning the examination of a suspect of the police officer regarding I;
1. Each police statement made against J, K and L;
1. Application of Acts and subordinate statutes on remittance details;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions and the Selection of Punishment (the Defendants) concerning criminal facts; Articles 49 (4) 2 and 6 (3) 2 of the Act on the Electronic Financial Transactions and the Selection of Fines
1. Articles 70(1) and 69(2) of the Criminal Act on the confinement of the workhouse (defendants)
1. Article 334(1) of the Criminal Procedure Act