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, around March 4, 2019, the Defendant received a proposal from a person who is unable to know the name misrepresenting the employees of a lending company to the effect that “it is possible to lend up to 8 million won interest at an interest rate of less than 10% for 3 years from the place of “B.” The Defendant sent a physical card with which principal and interest can be paid, and the principal and interest shall be paid by the card.” On the same day, at around 14:00 permanent residence CD around the same day, the Defendant sent the Kwikseter’s personal identification number connected to the new bank account (E) in the name of the Defendant to the Kwikseter’s service provider sent by the said person.
As a result, the Defendant promised to receive a future loan in return for an intangible expected profit, and lent a means of access for electronic financial transactions to others.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement concerning F;
1. Investigation report-application of Acts and subordinate statutes of a transfer confirmation certificate;
1. Relevant Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;
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 of the provisional payment order is as follows: (a) the Defendant has lent the electronic financial means of access in this case; (b) the Defendant has actually committed scaming fraud; (c) the Defendant is a primary offender; and (d) the Defendant is aware of his mistake and reflects his depth; and (e) the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime; and (e) the circumstances after the crime are considered.