전자금융거래법위반
Defendant shall be punished by a fine of two million won.
Where a defendant fails to pay a fine, one hundred thousand won shall be the day.
Punishment of the crime
Except as otherwise expressly provided for in any other Act, no one shall lend or lend any access medium, or store, deliver or distribute such medium in return for receiving, demanding or promising the payment thereof.
On January 12, 2018, the Defendant sent a check card from a person in secret who misrepresented B bank staff.
On the same day, Guro-gu Seoul Metropolitan Government Office offered a proposal to arrange a loan by accumulating the transaction performance, and accepted it, and then, at the office of the defendant C of Guro-gu Seoul Metropolitan Government Office, two physical card cards linked to the D bank account (Account Number: E) and F bank account (Account Number: G) were sent to the person who is not the name, and the password was notified by telephone to the person who is not the name.
As a result, the Defendant promised to pay a credit rating through false deposit and to lend an access medium in return for the intangible expected interest of future loans.
Summary of Evidence
1. Partial statement of the defendant;
1. H’s petition;
1. Application of Acts and subordinate statutes to the details of deposits, financial transaction replies, and each written provision of financial transaction information;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of an alternative fine for punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act
1. The gist of the assertion is that the Defendant merely transferred a personal check card to a person without a name, as a means to obtain a loan by raising the transaction performance to the transaction performance, and thus, the Defendant attempted to receive a price in return for the promise.
shall not be deemed to exist.
2. The following circumstances acknowledged by the evidence duly adopted and examined by this Court, namely, ① the circumstance in which the Defendant sent the check card, making the contents of the check-up, thereby raising the Defendant’s credit rating.