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
No one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising any compensation for the use and management of the means of access.
On May 2014, the Defendant issued a physical card, etc. to a name-free person who stated that he would give loans around 2014, but had had the record of using it for the crime of fraud, the Defendant called "to extend loans by extending the transaction performance by sending a physical card to a third party," and around that time, at the office of Namcheon-gu, Incheon, Nam-gu, Incheon, the post office opened a physical card connected to the BF account (C) under the name of the Defendant.
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. Statement by the defendant in court;
1. Statement made to D by the police;
1. Application of the Acts and subordinate statutes (No. 10 No. Serials of Evidence)
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. Sentencing the sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is highly likely to cause secondary damage, such as fraud, by abusing the means of electronic financial transactions to crime.
In fact, the means of access leased by the Defendant was used for telephone financial fraud such as remitting approximately KRW 2.42 million to the connected account and withdrawing.
In 2014, the defendant was subject to suspension of indictment for the same crime.
However, there are circumstances to consider that the number of means of access leased by the defendant is limited to one, and that the defendant lends a loan by raising credit rating.
The defendant acquired from the crime of this case.