전자금융거래법위반
Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
On December 2, 2018, the Defendant received a proposal from a person who misrepresented B bank to “to grant loans by piling up transaction records on the face of sending a physical card.” On December 17, 2018, the Defendant issued each physical card and password connected to five accounts, including two accounts in the name of the Defendant in the name of the E Association (F, G), two accounts in the company bank account (H, I), one account in the J Union account (K), through Kwikset service article.
As a result, the Defendant promised to obtain intangible profits that can receive a loan by raising credit rating through the details of deposit and withdrawal transactions, and provided 5 means of access in electronic financial transactions to the name partner.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police concerning L;
1. Application of Acts and subordinate statutes to the remittance certificate, copy, passbook, copy, withdrawal text message, financial transaction information and transaction details, response to the application form, transaction information and transaction details, text messages, outputs, and details of account entry transactions;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative fine for punishment;
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 - The act of lending the means of access is an act that facilitates various crimes, such as tax evasion, Internet gambling, and outsourcing, and such social harm is serious.
Although the Defendant is aware that it is not a normal loan method, the Defendant committed the instant crime and lent 5 physical cards in order to obtain a loan.
As a result of the instant crime, the damage was caused by the instant crime, and the damage was not recovered.
However, the defendant reflects his mistake in depth, and is the first offender who has no record of other criminal punishment before, and the motive and circumstance of the crime of this case, and related thereto.