전자금융거래법위반
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
In using and managing the means of access, no one shall borrow or lend the means of access or keep, deliver or distribute the means of access with the knowledge that they are to be used for a crime or to be used for a crime, unless otherwise provided for in other Acts.
Nevertheless, around December 4, 2018, the Defendant received a proposal to the effect that “for a loan, the credit rating should be obtained by falsely accumulating the transaction performance, and for this purpose, the physical card under the Defendant’s name is required.” On December 13, 2018, the Defendant sent one copy of the physical card connected to the Defendant’s name bank account (E) on the front side of the Chang-si, Chang-si, Chang-si, Chang-si, and the C Beauty, and sent one copy of the physical card to Kwikset service provider, who sent it to the Defendant’s name.
Accordingly, the Defendant lent the means of access for the purpose of crime use.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement;
1. Application of Acts and subordinate statutes on deposit transactions;
1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 3 of the Electronic Financial Transactions Act concerning the selection of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order is based on the following factors: (a) the sentencing conditions of the instant crime; (b) the Defendant’s age, character and conduct; and (c) the following factors:
An unfavorable circumstance: The act of lending the means of access is necessary to punish the offender because it is used to impair the safety and reliability of electronic financial transactions and to commit Bosing and has a great social harm and injury; circumstances in which the means of access leased by the Defendant is actually used to commit fraud: The confession by the Defendant; and it is an initial offender who has no record of criminal punishment.