전자금융거래법위반
Defendant shall be punished by a fine of four 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 April 2019, 2019, the Defendant received a proposal that “I would make a loan, but if I would pay the principal and interest of the loan by depositing it in the account in the name of the Defendant, I will withdraw from our country if I would pay it. I would request the check card of the account to pay the principal and interest of the loan.” After accepting the proposal, I lent one physical card and one password of the bank account (C) in the name of the Defendant to the above person via Kwikset Service Delivery Board.
Accordingly, the Defendant promised to receive intangible prices such as receiving loans, and lent the means of electronic financial transactions.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes to the details of each letter messages;
1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment for a crime;
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:
An unfavorable circumstance: The act of lending the means of access requires strict punishment because it is used to impair the safety and reliability of electronic financial transactions and to commit Bosing and has great social harm and injury; the means of access leased by the defendant is actually used to commit fraud; and the defendant is subject to a disposition of suspension of indictment for a crime similar to that similar to that similar to seven years prior to such act: The confession of the defendant; the fact that there is no history of criminal punishment except for the above suspension