전자금융거래법위반
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
No person shall lend or receive a loan for the cash card, which is a medium access to electronic financial transactions issued by a financial institution, by receiving, demanding or promising the payment therefor.
Nevertheless, on September 5, 2016, the Defendant sent a physical card to verify the account number through the chips located in the physical card in order to enable a company bank to open an account number of KRW 50 million from the person in the name-free from the person in the front side of the Dong-gu, Ansan-si, Ansan-si, 2016 on September 5, 2016. If a loan is not granted, the Defendant will create a transaction performance and increase the credit and provide a loan.
“On commitment,” sent one cash card, which is an access medium connected to the corporate bank account (D) and the national bank account (E) in the name of the Defendant, to Kwikset Service.
As a result, the Defendant promised to receive intangible expected profit from future loans and lent the access media to the name infinites.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Application of Acts and subordinate statutes on account transactions;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;
1. Articles 40 and 50 of the Commercial Competition Act [the crime of lending access media under the Electronic Financial Transactions Act is established as one crime for each access medium. However, the act of lending multiple access media in a lump sum constitutes a single act of committing a crime of violating the Electronic Financial Transactions Act, and each crime constitutes a commercial concurrence relationship (see Supreme Court Decision 2009Do1530, Mar. 25, 2010, etc.). 1.
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, even though the defendant had already been punished by a fine for the same crime, was to lend a number of approaches to the crime of licensing.