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 the means of access, or keep, deliver or distribute the means of access, requiring or promising any compensation therefor.
Nevertheless, around July 2019, the Defendant sent a e-mail card, which was linked to the bank account in the name of the Defendant, to the effect that the Defendant would enhance credit rating by sending the e-mail card, and would prejudice the loan. In order to obtain such a loan, around 11:00 on July 29, 2019, the Defendant sent a e-mail card, which was linked to the bank account in the name of the Defendant, to the account in the name of the Defendant (Account Number: D) by mail.
As a result, the Defendant promised to receive intangible expected gains from future loans, and lent the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. A certificate of payment for damage incurred from the issuance of the F, and the application of each Act and subordinate statutes on financial transaction information;
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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment [Incompetence] is a crime of lending means of access that can be used for various crimes, such as tax evasion, gambling, fraud, etc.
In fact, the personal card lent by the defendant was used to commit fraud and the damage was caused.
【Lied circumstances】 Some of the circumstances and motives of the crime can be considered.
In other words, there is a wrong recognition and contradiction.
There is no benefit acquired through the instant crime.
There is no history of criminal punishment.
Other circumstances shown in the trial process of this case, such as the defendant's age, character and conduct, family relationship, environment, etc., shall be determined as ordered by the defendant.