전자금융거래법위반
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
No one shall, in using and managing a means of access, lend the means of access while demanding, demanding or promising compensation, unless otherwise specifically provided for in other Acts.
On February 26, 2019, around 16:30 on 26:16:30, the Defendant: (a) proposed that “a loan is to be made” from a person with no personal knowledge in front of the building B in Gangwon-si; (b) the head of the passbook performance should be accumulated; (c) when sending a e-mail card linked to the account for three months, the Defendant borrowed KRW 20,000,000 after counting the performance for three months; and (d) provided a copy of the e-mail card linked to the Cbank account in the name of the Defendant.
Accordingly, the Defendant promised to provide compensation and lent the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. Each police suspect interrogation protocol regarding E;
1. Application of the statutes governing search and seizure of suspect E-Vehicles, copies of suspect E-F details, and letters of loan advertisement;
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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentence identical to the disposition shall be imposed, taking into account all the circumstances constituting the sentencing conditions indicated in the instant records, including the following circumstances and the Defendant’s age, character and conduct, environment, motive and consequence of the crime, and the circumstances after the crime.
Unfavorable circumstances: The lending of the means of access for electronic financial transactions can be used as a means of other crimes, and thus it is more favorable that it is necessary to strictly punish him/her: Recognizing the crime, reflecting that he/she is a first offender, and there is no benefit from the crime.