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 engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.
Nevertheless, on June 18, 2019, the Defendant heard the phrase "to provide loans after the examination when sending basic documents. If loans are extended, to pay interest, the check card shall be sent." On June 19, 2019, around 09:15, the Defendant issued one check card connected to the B bank account (Account Number: C) in the name of the Defendant by using the post office’s house from the Jung-gu Office in Seoul, Jung-gu, Seoul, and notified the password by means of mobile phone text messages. < Amended by Presidential Decree No. 25148, Jun. 19, 2019>
As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Written statements of D;
1. Application of specification of transactions and remittance certificate-related Acts and subordinate statutes;
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. The act of lending the means of access on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is an act that facilitates various crimes, such as tax evasion, Internet gambling, and scaming, and the social harm of the means of access is not severe.
However, the punishment as ordered shall be determined by comprehensively taking into account various factors of sentencing as shown in the trial of this case, such as the fact that the defendant is against mistake, the motive and circumstance of the crime of this case, the number of means of access transferred, the amount of relevant damage, the amount of damage has been returned to the victim, the previous records of suspension of indictment, the circumstances after the crime, the defendant's age, character and conduct, family relationship, economic circumstances, etc.