Where a defendant fails to pay a fine, 100,000 won shall be one day.

Except as otherwise expressly provided for in any other Act, no one shall issue a transaction request in electronic financial transactions or lend a means of access used to secure the authenticity and accuracy of users and the details of such transaction at the same time.

Nevertheless, on April 2, 2019, the Defendant received a proposal from a name-free person who became aware of a mobile phone loan advertisement text message from a mobile phone, that “When sending a physical card, it is intended to secure credit by accumulating transaction performance and raising credit.” On the other hand, the Defendant sent the physical card, etc. connected to the Defendant’s community credit cooperatives (D) account at the Defendant’s residence in Kimhae-si B apartment Co., Ltd. to the name-free person.

Accordingly, the defendant provided a loan to the means of electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of statutes on the return of financial transaction information;

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 under Article 334 of the Criminal Procedure Act, the sentence shall be determined as ordered in full view of all the various circumstances, including the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: The circumstances that the means of access that the defendant has exceeded is actually used in the crime of telecommunications-based financial fraud: The fact that the defendant repents and reflects the mistake, and that there is no record of the same kind of punishment.