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
Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while receiving, demanding or promising to receive, demand or promise to use or manage the access medium.
Nevertheless, on July 17, 2018, the Defendant sent a e-mail card to which the Defendant directly withdraws the lending from a person who was not his name, by means of a method of guaranteeing a loan of three million won, and a method of repayment for a loan.
B. On July 19, 2018, “C” heard the horses, and around 11:00 on July 19, 2018, 2018, sent to the unclaimed taxi article who sent the name unclaimed in front of B No. 203, two physical cards linked to the KEB bank account (C) and the national bank account (D) account in the name of the Defendant, and notified the unclaimed person of the password of the password.
As a result, the Defendant promised to return the intangible expected interest to receive future loans in return for the future and lent the access media to the name influence.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A certificate of transfer confirmation;
1. Search and seizure inspection warrant and correspondence (KEB only Bank);
1. Application of the Act and subordinate statutes to investigation reports (Attachment to the details of account transactions with Defendant KB bank);
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 Criminal Act of the Commercial Competition;
1. Selection of an alternative fine for punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: Lease of the access medium for electronic financial transactions can be used as a means of another crime and thus requires strict punishment: The first offender is the defendant's age, sexual conduct, environment, motive, means and consequence, the circumstances before and after the commission of the crime, etc. shall be comprehensively considered in light of the above circumstances.