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 a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.
Nevertheless, the Defendant, at around 10:00 on June 21, 2019, sent a false name to “B company C” from a person whose credit rating is lower, to whom the Defendant: (a) notified the account number and password of the account to be used; and (b) made a monthly loan at an interest rate of 3% per month by sending a physical card and making a record of the withdrawal from the face-to-face deposit; and (c) sent a loan at an interest rate of 3% per month. On the same day, at around 20:20 of the same day, the Defendant sent a letter to Kwikset service article, stating the physical card and password connected to the E Association account in the name of the Defendant, and sent it to the Kwikset service article.
As a result, the Defendant promised to receive a future loan in return for the intangible expected interest, and lent a means of access for electronic financial transactions to a person who is not aware of his name.
Summary of Evidence
1. Partial statement of the defendant;
1. A written statement prepared by G;
1. A certificate of transfer of the amount of damage by six million won;
1. A copy of a passbook and a H dialogue content printed by the Defendant and his defense counsel asserted the purport that the Defendant’s use a e-mail card only for the purpose of collecting the principal and interest of the loan to be repaid, and thus, it does not constitute a “loan” prohibited by the Electronic Financial Transactions Act, because the Defendant was aware that he was using the e-mail card for collecting the principal and interest of the loan to be repaid.
The following circumstances acknowledged by the evidence duly adopted and investigated by this Court, that is, the Defendant was in a situation in which it was difficult to obtain a loan normally due to low credit rating, and the Defendant was also under 6 million won.