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 a means of access, borrow or lend the means of access or keep, deliver or distribute the means of access while demanding, demanding or promising to do so.
On February 19, 2019, at around 16:10, the Defendant received a proposal to the effect that “the Defendant sent a physical card for the purpose of harming the loan, making the transaction performance,” through C message from a person in secret name, and sent a physical card connected to the deposit account in the name of the Defendant’s bank (D).”
Accordingly, the Defendant promised to contribute to the intangible benefit of receiving future loans and lent the means of access.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement of E;
1. Application of reply statutes, such as details of transactions;
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.
Unfavorable circumstances: The circumstances that the means of access that the defendant has passed is actually used for the crime of telecommunications-based financial fraud: The fact that the defendant repents and reflects the mistake, and that there is no power to impose the same kind of punishment or fine exceeding the amount