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 shall transfer or take over any access medium in making a transaction instruction in electronic financial transactions or using or managing any access medium used to secure the authenticity and accuracy of users and the details of such transaction.
On February 14, 2017, at around 20:00, the Defendant promised to receive KRW 2,000,000 in return for lending the physical card in the name of the Defendant from a person in the front of his/her seat on the side of Seo-gu Incheon Metropolitan City (15:00, Seo-gu, Incheon Metropolitan City) on the front of his/her seat, and transferred the access media by delivering one physical card connected to the Defendant’s name bank account number B written indictment (see, e.g., the 15th page and 38th page of the evidence record) through Kwikset’s news, and then informing him/her of the password by telephone.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. Application of Acts and subordinate statutes on verification, account transaction details, etc.;
1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the order of provisional payment is that the defendant receives a consideration and transfers an access medium is not less than the standard for the crime. However, the defendant's mistake and reflects the defendant's wrong recognition, the fact that the defendant seems not to receive a consideration, and the fact that there is no record of criminal punishment shall be sentenced to a fine as set forth in the order.