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 one shall, in making a transaction request in electronic financial transactions or using and managing a means of access to secure the authenticity and accuracy of users and transaction details, borrow or lend a means of access, or keep, deliver or distribute a means of access by receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.
Nevertheless, on February 18, 2019, the Defendant received a proposal that he would offer a so-called working loan to enable loans by raising transaction performance despite the lower credit rating of the Defendant, from a person who was aware of a lending text message, and consented to it, and around 16:00 of the same month, at the front of the red-in zone located in Mapo-gu Seoul Metropolitan Government Yangporo 160, the Defendant 16:00 of the same month, and sent the above person who was unaware of the name, a physical card connected to the bank account in the name of the Defendant to the above person who was aware of the name, and notified the password of the above physical card.
Accordingly, the Defendant promised to borrow a means of access used in electronic financial transactions to receive compensation.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of Acts and subordinate statutes to details of transactions and investigation reports (Attachment of outcomes of a warrant of search, seizure and inspection);
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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The lending of the means of electronic financial transactions may harm the safety and trust of financial transactions, and the lending card, etc. may be abused as a means of other crimes, and thus requires strict punishment; circumstances favorable to the fact that the card lent by the defendant was used for actual fraud: The defendant appears to have no profit accrued from the crime of this case, and the same kind of transaction is the same.