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
In using and managing the means of access, no one may lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.
On February 25, 2019, the Defendant: (a) received a letter from a person without his name, stating that “The Defendant will pay KRW 800,000,000 per day every week every week, if he lends a card due to saving oil tax, etc.; (b) contacted the person with no name, and consented to the proposal, and (c) lent the card to the person with no name, by visiting the person with no name, B on March 6, 2019, at the D business office located in Michuhol-gu Incheon Metropolitan City, at around March 14:30, 2019, a physical card connected to the account (Account Number: E) of the Korea Development Bank in the name of the Defendant.
Accordingly, the Defendant promised to receive compensation and lent the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Application of the details of transactions, account warrants, and correspondence Acts and subordinate statutes;
1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense; selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for sentencing of the provisional payment order is a lending of a personal check to the accused for the purpose of obtaining a loan. The above crime can be used for another crime with great social harm such as scam, etc., and its nature is not very high.
In fact, the physical card lent by the defendant was used for fraud crime.
However, it shows the appearance that the defendant leads to the confession of the crime and reflects the mistake.
The defendant does not seem to have actually received any consideration.
The Defendant has no record of criminal punishment prior to the instant case.
In the above circumstances, the sentencing conditions shown in the trial process of this case, such as character and conduct, family relationship, family environment, motive and means of crime, and circumstances after crime.