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
No person shall transfer any means of access necessary for electronic financial transactions.
Nevertheless, around March 15, 2015, the Defendant: (a) received a proposal from an infinite person to lend KRW 500,000,000 to a third party for the transfer of a family funeral; and (b) was aware that the cash card, etc. transferred upon investigation by an investigative agency is not used for telephone financial fraud and could not be returned due to the fact that he/she transferred a cash card under the former Defendant’s name; and (c) knowingly, he/she transferred the means of access necessary for electronic financial transactions by means of creating one cash card under the Defendant’s name through an article of Kwiksetkset service.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. Application of the statutes on the personal information of account founders and the detailed statement of ordinary deposits;
1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant had already been investigated by the transfer of cash cards under the same Act, but again committed the instant crime. The Defendant’s account transferred by the instant crime was used for the actual scaming crime, etc., which is disadvantageous to the Defendant.
However, in light of the circumstances favorable to the defendant and all the sentencing conditions shown in the records, such as the defendant's age, character and conduct, environment, and circumstances after the crime of this case, such as the fact that the defendant was unable to obtain compensation for the crime of this case, there was no record of punishment of fine or heavier punishment, and that the defendant confessions and reflects the crime of this case