전자금융거래법위반
Defendant shall be punished by a fine of KRW 3,000,000.
Where a defendant fails to pay a fine, 100,000 won shall be one day.
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 July 2, 2019, the Defendant listened to the statement that “I would give a loan if you send a physical card to enable the payment of interest,” and then sent the physical card, which is the means of access in the name of the Defendant, to the CRN agency located in Changwon-si B, on the same day.
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. Statement by the defendant in court;
1. Inquiry into the details of account transactions and financial transaction information;
1. Application of Acts and subordinate statutes on dialogues;
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.
D. Unfavorable circumstances: The Defendant actually used the means of access that the Defendant acquired for telecommunications-based financial fraud, and the Defendant had a record of having been suspended from indictment for the same crime, but is favorable circumstances such as recidivism: The Defendant repented and reflected the mistake, and the Defendant appears to have no actual gain through the instant crime, etc.