전자금융거래법위반
Defendant shall be punished by a fine of KRW 500,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Punishment of the crime
No person shall lend a means of access, promising any consideration.
Nevertheless, the Defendant received a proposal from the name in the name in the Kakaox, stating, “In the event of sending the Kakao Stockholm card that allows the withdrawal of interest repaid by the Kakao, it would return the Kakao card if the loans are fully repaid,” and around August 5, 2019, the Defendant issued the Kakao card to the name in the name in the name of the Kakao-gun B, which was linked to the agricultural bank account in the name of the Defendant (D).
Accordingly, the Defendant promised to lend the means of access in return for the intangible expectation interest that can receive future loans.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. The Kakao Stockholm dialogue;
1. Application of statutes on details of financial transactions;
1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;
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 on the provisional payment order was that the means of access leased by the Defendant was used in the telephone financial fraud crime, causing damage.
However, the defendant seems to have reached the crime of this case because he belongs to the telephone finance fraud crime organization, and he returned all the fraudulent money that has been obtained by deceit deposited in his account to the victim.
The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.