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 the means of access, no one may lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.
On December 2018, the Defendant: (a) received a proposal from a person in non-name to the effect that “to receive money from a foreign country due to tax reduction or exemption; (b) will use three times in one month and offer three million won in one month if he/she lends the passbook; and (c) subsequently, around 14:00 of the same month, he/she lent one check card connected with the Defendant’s name to the Defendant’s account in front of the Defendant’s house located in Bupyeong-gu Incheon Metropolitan Government (Account Number: D) on the front of the Defendant’s house located in Bupyeong-gu, Incheon.
Accordingly, the Defendant promised to receive compensation and lent the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. A E-document;
1. Application of the detailed statement of deposit and withdrawal transactions (E) and the statutes governing the details of financial accounts 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. 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 sentencing conditions shown in the argument of this case, such as the defendant's age, character, conduct and environment, motive, means and result of the crime, etc., are considered to be the primary offender, and the sentencing conditions shown in the argument of this case, such as the following circumstances after the crime, shall be determined as the sentence as ordered.