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 lend a means of access while demanding, demanding or promising compensation in the use and management of the means of access.
On June 10, 2019, the Defendant: (a) called “B, a borrower, is the B employee of the lending company; (b) may loan KRW 10 million at interest rate of 3%; (c) it is possible to create a trade name card and send a physical card as the loan is possible.”
In order to obtain a loan, at around 18:00 on the same day, the Defendant sent two copies of the Ctel card connected to the D Bank account in the name of the Defendant (Account Number: E) and the Bank Account (Account Number:F).
As a result, the Defendant promised to receive a future loan in return and lent the means of access to his name in return.
Summary of Evidence
1. Defendant's legal statement;
1. A written complaint of G;
1. Transfer certificate;
1. Application of Acts and subordinate statutes on the details of account transactions and account transactions;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative fine for punishment;
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 unfavorable to the defendant: The lending of the means of access is highly likely to be used for various crimes, such as tax evasion, gambling, fraud, etc.; circumstances favorable to the defendant's lending of the card actually used for the crime of fraud: The defendant is against himself; there is no benefit acquired through the crime of this case; there is no benefit acquired by the crime of this case; and the first offender who has no record of criminal punishment as above.