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
No person may lend a means of access while receiving, demanding or promising any compensation in using and managing the means of access.
On May 1, 2019, the Defendant: (a) accepted the proposal that “the Defendant would offer 2,40,000 won in return for the use of the 3th day on the face of the week from the influor of the company.” (b) On May 1, 2019, the Defendant provided the means of access by promising the Defendant to send one physical card connected to the Defendant’s bank account (D) in the name of the Defendant on May 7, 2019, to the influor of the Defendant’s bank account (D) in Ansan-gu, Ansan-si.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. Application of Acts and subordinate statutes to dialogues, transfer confirmation certificates, investigation reports (Attachment of data on a warrant of search, seizure and verification), investigation reports (AF and text message data attached);
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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is not only impeding the stability of electronic financial transactions and the trust thereof, but also providing the means of other crimes, such as Bosing, so it is necessary to severely punish the social harm. In fact, the fact that the means of access leased by the Defendant was used for Bosing, etc. is disadvantageous to the Defendant.
However, in light of the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime, and the defendant reflects the wrongness, the punishment as ordered shall be determined by comprehensively taking into account the circumstances favorable to the defendant, such as the defendant's primary offender, and the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc.,