전자금융거래법위반
Defendant shall be punished by a fine of KRW 3,000,000.
Where a defendant fails to pay a fine, 100,000 won shall be one day.
Punishment of the crime
No person shall, in using and managing the means of access to electronic financial transactions, borrow or lend the means of access or keep, deliver or distribute the means of access while demanding, demanding or promising compensation.
On May 2, 2019, at around 17:30, the Defendant borrowed the means of access to the electronic financial transaction in his/her name to obtain the loan, such as the delivery of the physical card connected to the Cbank account in his/her name (D) and the password to Kwikset on May 2, 2019, in order to obtain the loan by receiving a proposal that “the principal and interest of the loan will be repaid by depositing in the account in the name of the Defendant.” The principal and interest of the loan will be deposited in the account in the name of the Defendant, and after accepting the proposal that “the bank card in the account to deposit the principal and interest of the loan is changed.”
As a result, the Defendant promised to receive intangible prices such as receiving loans and lent the means of access to electronic financial transactions.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the Acts and subordinate statutes on inquiry of customer information and details of entry and withdrawal;
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. On the grounds of sentencing under Article 334 of the Criminal Procedure Act, the sentence shall be determined as ordered in full view of all the various circumstances, including the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.
Unfavorable circumstances: The circumstances that the means of access that the defendant has passed is actually used for the crime of telecommunications-based financial fraud: The fact that the defendant repents and reflects the mistake, and that there is no power to impose the same kind of punishment or fine exceeding the amount