전자금융거래법위반
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
No person shall, in using and managing the means of access to electronic financial transactions, borrow or lend the means of access or keep, deliver or distribute the means of access while demanding, demanding or promising compensation.
Nevertheless, on February 28, 2019, the Defendant received a proposal from the person who was not the deceased in name to the effect that “a loan of KRW 10 million is possible at an interest rate of KRW 2% per month.” The Defendant accepted it, and then sent a letter of check (including a password) connected to the national bank account (D) in the name of the Defendant on February 28, 2019 through an article of Kwikset who sent the person who was not the deceased in name in front of the “C” located in Kimhae-si, Kim Jong-si on February 14, 2019.
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. E statements;
1. Application of Acts and subordinate statutes on transfer details and the F details;
1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (Selection of Fine) 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 of Article 334(1) of the Criminal Procedure Act for the provisional payment order is based on the following factors: (a) the sentencing conditions of the instant crime; (b) the Defendant’s age, character and conduct; and (c) the following factors:
An unfavorable circumstance: The act of lending the means of access is necessary to punish it because it is used to impair the safety and reliability of electronic financial transactions and to commit Bosing and has a great social harm and injury; circumstances in which the means of access leased by the defendant is actually used to commit fraud: The confession and reflect by the defendant; the fact that the defendant has no record of punishment for the same crime;