전자금융거래법위반
Defendant shall be punished by a fine of KRW 1,500,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
In using and managing a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.
Nevertheless, on June 4, 2019, the Defendant may borrow KRW 6 million from a person whose name the name of the personal credit company is unknown. The Defendant borrowed money in his/her personal name without being registered as a juristic person. It was notarized through a certified judicial scrivener. For this purpose, the Defendant received a proposal and accepted the proposal, and then, at the same time, at the Dong-dong post office located in the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si
As a result, the Defendant promised to receive a future loan in return for the intangible expected interest, and lent a means of access for electronic financial transactions to a person who is not aware of his name.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of statutes, such as financial transaction statements;
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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Act on the Provisional Payment Order harms the security of financial transaction, and the card lent by the Defendant was actually used for fraud.
However, the defendant has no record of being punished for the same crime, and the defendant was not able to obtain monetary benefits in this case, and the defendant paid 1.5 million won to the victim of Bophishing, and appears to have agreed with the victim, and attitude against the mistake.