전자금융거래법위반
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The defendant is the deposit account holder of B Bank Account Number “C”.
Except as otherwise expressly provided for in any other Act, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising any compensation.
On May 13, 2019, the Defendant, at the Defendant’s residence located in Pyeongtaek-si D, listened to the speech, such as “I would give a loan by setting up the transaction performance of the financial institution if you send a physical card,” from a person who assumes the employee of the E bank lending company,” and sent the physical card connected to the above B bank account in the name of the Defendant for the purpose of obtaining a loan of KRW 40 million from the above needy person, using Kwikset Services.
As a result, the Defendant promised to raise credit and receive future loans through false deposit and withdrawal transactions, and lent the means of access to the foregoing in return for intangible benefits.
Summary of Evidence
1. Defendant's legal statement;
1. Application of police statements concerning F to the Acts and subordinate statutes;
1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense; selection of fines;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act seems to have also been used for a criminal purpose by a third party. However, the order is issued in consideration of the following factors: (a) the Defendant recognized the instant crime; (b) the Defendant listened to the speech that he/she would cause a loan from a person who assumes a false person; and (c) the Defendant appears to have lent the means of access by trusting that he/she would have no record of criminal punishment; and (d) the Defendant would have no record of criminal punishment; and (c) the Defendant would have taken into account the circumstances favorable to the Defendant; and (d) the Defendant’s age, character, environment