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
In using and managing a means of access, no one shall engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.
Nevertheless, on November 13, 2018, the Defendant listened to the horses that “it is necessary to send a physical card to pay interest on loans.” On November 13, 2018, the Defendant sent one physical card that is linked with the account in the name of the Defendant in the name of the Defendant at the Defendant’s residence located in Seocheon-si B through Kwikset service article.
Accordingly, the defendant demanded for an intangible expectation profit that can receive a future loan, and lent a means of access to a person who has no name.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. Application of Acts and subordinate statutes on account transactions and replies;
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. On the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, lending of the means of access, such as the instant crime, is an act that facilitates various crimes, such as tax evasion, Internet gambling, and scaming, and such social harm is serious.
The crime of this case led to the occurrence of Bosing damage, and the damage was not compensated.
However, the court shall determine punishment as ordered by comprehensively taking into account the following circumstances, such as the defendant's age, character and conduct, the environment, the motive, means and consequence of the crime of this case, the circumstances after the crime, and the amount of related damage, etc., which are led to the confession and reflect of the defendant, and the fact that the crime of this case seems to have been committed.