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 person shall, in using and managing the means of access to electronic financial transactions, borrow or lend the means of access or keep, deliver or distribute the means of access while demanding, demanding or promising compensation.
On January 22, 2019, the Defendant borrowed the means of access used for electronic financial transactions in his/her name to obtain loans by using one cash card and password of the bank account (D) in the name of the Defendant, after receiving a proposal that “the principal and interest of the loan will be repaid by depositing in the account in the name of the Defendant.” On January 22, 2019, the Defendant borrowed the means of access used for the electronic financial transactions in his/her name to obtain loans, such as lending the cash card and password to the account in the name of the Defendant. The principal and interest of the loan will be refunded by depositing in the account in the name of the Defendant.”
As a result, the Defendant promised to receive intangible prices such as receiving loans, and lent the means of access to electronic financial transactions to a person who is not infinite.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes of remittance receipt;
1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (Selection of Fine) concerning the selection of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order is based on the following factors: (a) the sentencing conditions of the instant crime; (b) the Defendant’s age, character and conduct; and (c) the following factors:
Unfavorable circumstances: The act of lending the means of access is used to impair the safety and reliability of electronic financial transactions and to commit Bophishing and has a great social harm and injury, and thus it is necessary to punish it; circumstances in which the means of access leased by the defendant is actually used to commit fraud: The confession and reflect by the defendant; and the fact that the means of access is an initial crime without criminal power.