전자금융거래법위반
Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
In using and managing the means of electronic financial transactions, no one may lend the means of access while promising any consideration, unless otherwise specifically provided for in any other Act.
Around February 14, 2019, the Defendant received a proposal stating that “When sending a physical card, I would give a loan.” Around February 14, 2019, the Defendant issued a physical card connected to the account (B) in the name of the Defendant to the National Bank (B) account in the name of the Defendant at the nearest post office in the Mapo-gu Seoul Special Metropolitan City, Nowon-gu.
As a result, the defendant promised to pay the compensation in the future and lent the means of access to the name partner.
Summary of Evidence
1. Defendant's legal statement;
1. C’s authentic statements and written statements;
1. Application of Acts and subordinate statutes on the certificates of deposit, customer information inquiry table, and details of transactions of admission 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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act that is disadvantageous to the sentencing of the provisional payment order: The lending of the means of electronic financial transactions can be abused as a means of other crimes as well as impairing the safety and trust of financial transactions.
The card lent by the defendant was used for the actual fraud crime.
The favorable circumstances: The defendant seems to have no benefit from the crime of this case.
The defendant has no criminal records of the same kind.
Other circumstances, such as the age, character and conduct, environment, health status, circumstances, and circumstances after the crime, etc. of the defendant, shall be determined as per the disposition.