전자금융거래법위반
Defendant shall be punished by a fine of KRW 2,500,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
No person shall lend a cash card, a password necessary for the use of a cash card, or a passbook, etc. issued by a financial institution to any third person.
Nevertheless, on March 2018, the Defendant: (a) received a proposal from a person in non-name to obtain a loan of KRW 1.5 million or KRW 2 million from a person in charge of personal injury; (b) received a loan; (c) received a written proposal from the above person in charge of personal injury; (d) transferred a physical card connected to the DNA account in the name of the Defendant to the above person in charge of personal injury in the name of the Defendant, and (e) notified the F of the password of the said physical card.
As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning G;
1. Application of Acts and subordinate statutes to photographs by a detailed statement of deposit transactions, customer information inquiry table, details of deposit and withdrawal transactions, and CCTV closure;
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 sentencing conditions under Article 334(1) of the Criminal Procedure Act, which include the following conditions of sentencing, such as the Defendant’s age, character and conduct, environment, background, means and consequence of the crime, shall be determined as ordered in consideration of the following conditions of sentencing.
The favorable circumstances: The defendant admits his mistake, and the defendant has no criminal power.
D. Unfavorable circumstances: The act of lending means of access to others requires strict punishment because it can be used as a tool of other crimes, such as singing, etc. In fact, the means of access leased by the defendant was used in the crime of singing fraud, causing damage.