전자금융거래법위반
Defendant shall be punished by a fine of four 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 borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in other Acts.
Nevertheless, around March 18, 2019, the Defendant loaned 700 to eight million won from the person who was absent from his name, “The interest rate is 4.9% per month, and is one year repayment condition. When sending the e-mail card being used, the Defendant will withdraw each month interest with the e-mail card.” On March 19, 2019, the Defendant heard the statement that “The e-mail card will be withdrawn from the e-mail card.” On March 19, 2019, the Defendant sent the Kwikset service article to the e-mail office located in Daegu-gu, Daegu-gu, and the e-mail connected with the D bank account in the name of the Defendant, and notified the person who was absent from his name.
As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement;
1. Application of statutes on financial transaction information;
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 act of lending the means of access used in electronic financial transactions, such as the instant crime, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, requires strict punishment as an act assisting another crime, such as singing, etc. In addition to the instant crime, the fact that the cream card leased by the Defendant and the Defendant’s account connected thereto was actually used for singing, and that it constitutes a crime during the period of repeated offense is disadvantageous to the Defendant.
On the other hand, the defendant shows his attitude to recognize the facts of crime, there is no record of punishment for the same crime, and since the amount deposited by the Bosing victim to the defendant's account is not withdrawn, the victim's damage can be recovered.