전자금융거래법위반
Defendant shall be punished by a fine of KRW 3,000,000.
Where a defendant fails to pay a fine, 100,000 won shall be one day.
Punishment of the crime
No person shall, in using and managing the means of access to electronic financial transactions, borrow or lend the means of access or keep, deliver or distribute the means of access while demanding, demanding or promising compensation.
On March 2019, the Defendant borrowed the means of access used for electronic financial transactions in his/her name in order to obtain a loan, such as providing Kwikset with one cash card and password from the new bank account (D) in the name of the Defendant, after receiving a proposal that “the principal and interest of the loan will be repaid by depositing in the account in the name of the Defendant. However, the loan will be withdrawn if it is repaid by depositing in the account in the name of the Defendant.” After accepting the proposal that “The bank card in the name of the Defendant to deposit the principal and interest of the loan is changed.”
As a result, the Defendant promised to receive intangible prices such as receiving loans and lent the means of access to electronic financial transactions.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to a report on investigation (to secure the details of accounts for receiving KRW 100,000,000;
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. On the grounds of sentencing under Article 334 of the Criminal Procedure Act, the sentence shall be determined as ordered in full view of all the various circumstances, including the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.
D. Unfavorable circumstances: The Defendant was actually used in committing telecommunications-based financial fraud, and the Defendant was sentenced to imprisonment with prison labor for six months at the Changwon District Court on April 12, 2018 and two years of suspended execution on April 20 of the same month, and is still under suspended execution.