전자금융거래법위반
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
No one shall transfer or acquire any means of access, unless otherwise specifically provided for in any other Act, in using and managing the means of access.
Nevertheless, on October 2018, the Defendant opened a physical card connected to the bank account under the name of the Defendant for the purpose of obtaining a loan in front of the exit of 5 out-gu Seoul Songpa-gu, Songpa-gu, 2018.
Accordingly, the Defendant transferred the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to investigation reports and accompanying documents (referred to 30,31)
1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (1) 1 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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. The range of punishment by a fine not exceeding 20 million won;
2. Determination of sentence [Incompetence] of the means of access under the name of a third party is highly likely to be misused for the crime, so it is necessary to strictly punish the crime, such as the transfer of the means of access.
In order to obtain a loan, the means of access has been transferred, and the responsibility for the crime is not against the law.
The means of access that the Defendant transferred was actually used for a physical camping crime, etc.
[Free circumstances] There is no history of criminal punishment.
All of the crimes of this case are recognized, and their errors are against themselves.
It seems that there is no benefit from the crime of this case.
In addition, the punishment shall be determined as ordered in comprehensive consideration of all the sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, environment, family relationship, circumstances after the crime, etc.