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
On May 10, 2018, the Defendant received a proposal from a person under whose name the illegal borrower misrepresented that “to lend 5 million won at the interest rate of 18% per annum, regardless of credit, because of illegal loans, the Defendant would withdraw the principal and interest by making use of the check card connected to the account in his/her name.” On May 10, 2018, the Defendant accepted the proposal from a person under whose name he/she misrepresented the illegal borrower, and, at the D point, sent a copy of the check card connected to the account in his/her name under the name of the Defendant (Account Number: E) and sent the F identification number.
As a result, the Defendant promised to receive the economic benefit of the loan and lent the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning G;
1. Application of Acts and subordinate statutes to a report on investigation (the result of execution of a warrant for search, inspection);
1. Article 49(4)2 of the Act on Criminal Facts and Articles 6(3)2 and 6(3)2 of the Electronic Financial Transactions Act regarding the option of punishment (a “loan of access media” under Article 6(3)2 of the Electronic Financial Transactions Act means the act of lending the means of access so that another person may temporarily use the means of access without managing or supervising the user of the means of access while receiving, demanding or promising the payment, and “price” refers to economic benefits that correspond to the lending of the means of access (see, e.g., Supreme Court Decision 2017Do16946, Jun. 27, 2019). Taking into account all the following circumstances, the court duly adopted and investigated evidence by this Court, the Defendant lent the means of access so that the person under his/her name was able to conduct electronic financial transactions using the check card without the Defendant’s supervision, and such “lease” and the name of the accused.