전자금융거래법위반
Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.
Punishment of the crime
In using and managing the means of access, no one may lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.
Nevertheless, on February 25, 2020, the Defendant received a proposal that “on the part of a person who assumes the name of the lending company, the Defendant will check the limit of deposit and withdrawal, and then will provide loans.” On the 26th of the same month, around 19:30, the Defendant sent a physical card connected to the Defendant’s name (B) bank account in front of the withdrawal 3th of the new-road station located in the name of the Defendant, Yeongdeungpo-gu Seoul High-gu, Seoul High-gu, Seoul High-gu, and one check card connected to the Defendant’s name (C) bank account (C) from the Kwikset service article, and then sent the password to the Kakao Stockholm.
As a result, the Defendant promised to receive a future loan in return for an intangible expected profit, and lent the means of access to a person with no name.
Summary of Evidence
1. Defendant's legal statement;
1. The Kakao Stockholm dialogue;
1. Application of Acts and subordinate statutes on account transactions;
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. Article 70 (1) of the Criminal Act for the detention of a workhouse;
1. The lending of the means of access for sentencing under Article 334(1) of the Criminal Procedure Act is highly likely to be used for other crimes, such as singing and Internet crimes, and the number and password leased by the defendant has been used for actual crimes: Provided, That the confession and reflect of the defendant, the fact that the defendant has no economic benefits from the defendant, the fact that the defendant has no previous conviction, the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., shall be determined by taking into account all the circumstances of the arguments and the sentencing indicated in the records of the case.
It is so decided as per Disposition for the above reasons.