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 person may, in using and managing a means of access, borrow or lend the means of access while receiving, demanding or promising any compensation therefor.
Nevertheless, around October 16, 2019, the Defendant borrowed KRW 14 million from a person who is unable to know the name of the person in charge of the progress of the loan from a person who assumes the name of the person in charge of the lending at a place where the location is unknown. In order to obtain the loan, the Defendant received a proposal and consented to the proposal, and sent the account number, resident registration, and the check card for interest withdrawal. On October 17, 2019, the Defendant sent one check card connected to the bank account (C) in the name of the Defendant at a voice post office located in the voice group, and notified the person in charge of the name of the person in charge of the lending by telephone.
As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access.
Summary of Evidence
1. Partial statement of the defendant;
1. Written statements and written complaints of D;
1. The defendant asserts that the certificate of deposit and the statement of statement of transaction by account did not lend a means of access in return for intangible profits since he/she was issued a check to receive interest payment in order to obtain a loan.
However, in light of the circumstances acknowledged by the above evidence, it can be recognized that the defendant allowed the use of the check at his own discretion for the purpose of obtaining the loan, and the defendant issued and lent the check card.
(1) On October 18, 2019, the victim remitted the amount of damage to the account of the defendant to the account of the defendant.
On the other hand, the bank made a confirmation call to the defendant, and the defendant made a false statement that he borrowed money from the ship in accordance with the direction of the named in B.
(2) Money deposited by the victim to the Defendant’s account was immediately withdrawn on the day, and the Defendant has particular interest in such money.