전자금융거래법위반
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
In using and managing a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising compensation, unless otherwise specifically provided for in any other Act.
Nevertheless, on October 14, 2019, the Defendant received a proposal from a nameless person who assumes the name of the lending business entity B by telephone to the effect that “a loan of KRW 10 million is possible, and a loan is difficult due to personal bankruptcy, making a passbook transaction and raising credit. To make the transaction details, the Defendant sent a check card to create the transaction details,” and accepted it, at around 13:00 of the same month, he sent the check card connected to the Defendant’s name (E) and one check connected to the post office account (F) and then sent the password card to the name defective person by using a phone that is linked to the Defendant’s name bank account (G) located in Seojin-gu Seoul Special Metropolitan City, Seojin-gu, Seoul, and at around that time, notified the Kaka-si of the password card’s password.
Accordingly, the Defendant promised to provide compensation and lent the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. A H statement;
1. Transfer certificate;
1. Application of Acts and subordinate statutes to investigation reports;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative fine for punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;