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, while the Defendant was aware of a loan through the Internet around June 18, 2019, it is possible to loan up to KRW 12 million from a person who assumes the name of “personal lending company B” from a person who was unable to know the name of the Defendant. However, in order to obtain a loan, a securities company account and a check card are required to make it possible to lend the account as collateral, and the check card is sent to him/her. On June 18, 2019, “D” in Gyeonggi C was sent to the Defendant’s name, “D”, which was connected to the Defendant’s future deposit account (number E) account, and then came to know of the above name by making him/her carry the Kwikkset’s service engineer, and by making him/her obtain it.
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. Defendant's legal statement;
1. A written statement;
1. Application of Acts and subordinate statutes on a report on internal investigation, a petition, a transfer certificate, a search, seizure and verification warrant, and a warrant of search and seizure reply;
1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is to strictly eradicate the transfer of the means of access, such as the instant case, by means of tax evasion, gambling, telephone financial fraud, etc., which is highly likely to be abused for highly harmful crimes.