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.
Criminal facts
No person shall lend a password, a user number registered with a financial institution or an electronic financial institution, etc. necessary to use a cash card or cash card which is the means of access to an electronic financial transaction to any third person for consideration.
On November 13, 2018, the Defendant, at C Park Park, located in front of the Seoul Dongdaemun-gu Seoul Defendant’s office, offered a proposal that “When the account needs to be leased to the account due to tax reduction or exemption problems, 4 million won will be paid if the account is lent to the account.” On the other hand, the Defendant sent one physical card connected to the DDR account (E) under the Defendant’s name through Kwikset Service, and around that time, lent the password to the above person under the name of Kwikset messages, and lent the means of access to electronic financial transactions by promising compensation.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol of the police statement concerning G;
1. Investigation Report (Submission of Suspect-Submission of F dialogue - Reporting), - Application of F-Related Acts and subordinate statutes;
1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the sentencing of the provisional payment order is that the act of lending the means of access to electronic financial transactions makes it easier to commit various crimes, such as singing, tax evasion, and Internet gambling, is serious.
As a result of the instant crime, the instant crime caused the scam damage.
However, the punishment as ordered shall be determined in consideration of all kinds of sentencing conditions, such as the fact that the defendant's mistake and reflects, there is no history of criminal punishment, the age, character and conduct and environment of the defendant, and motive and circumstances of the crime