전자금융거래법위반
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Punishment of the crime
In using and managing the means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation therefor, or keep, deliver or distribute the means of access.
Nevertheless, around April 2018, the Defendant sent a physical card to the Defendant’s name in front of the Dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City, to the end of April, 2018, stating that “the Defendant sent a physical card to withdraw interest on loans from his name holders” and sent the physical card connected to the Dwikset accounts (E) under the name of the Defendant.
Accordingly, the defendant provided a means of access in return for the promise to receive an intangible expectation benefit that he/she can receive future loans.
Summary of Evidence
1. Defendant's legal statement;
1. The document of F;
1. Application of Acts and subordinate statutes of search, seizure and verification warrant reply (No. 8 of the evidence list);
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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act recognize and reflects the Defendant’s mistake, and there is no record of punishment for the same kind of crime. The act of lending the means of access under the Electronic Financial Transactions Act not only undermines the security and reliability of electronic financial transactions, but also facilitates other crimes. The means of access provided by the Defendant was actually used for the crime, and other factors such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, and other various sentencing conditions stated in the present argument shall be determined as ordered in light of all the circumstances