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 one shall, in making a transaction request in electronic financial transactions or using and managing a means of access to secure the authenticity and accuracy of users and transaction details, borrow or lend a means of access, or keep, deliver or distribute a means of access by receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.
Nevertheless, at around 13:00 on April 8, 2019, the Defendant promised to send a e-mail card to a person with poor names through D and to receive a loan of 5 million won. On the other hand, the Defendant notified the password of the e-bank (F) linked to the e-bank account in the name of the Defendant, and delivered the e-mail card through Kwikset service.
Accordingly, the Defendant promised to borrow a means of access used in electronic financial transactions to receive compensation.
Summary of Evidence
1. Defendant's legal statement;
1. Documents and written statements of G;
1. Application of the Acts and subordinate statutes attached to the details of transfer certificates, account information, and text messages;
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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act that is disadvantageous to the sentencing of the provisional payment order: The lending of the means of electronic financial transactions can be abused as a means of other crimes as well as impairing the safety and trust of financial transactions.
The card lent by the defendant was used for the actual fraud crime.
The favorable circumstances: The defendant seems to have no benefit from the crime of this case.
There is no criminal record against the defendant.
Other circumstances, such as the age, character and conduct, environment, details of the crime, and circumstances after the crime, shall be determined as per the order.