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
On April 3, 2018, the Defendant: (a) received a proposal from a person without his/her name to “to have a loan at a low interest rate by setting up a credit performance of deposit and withdrawal transaction, if he/she sent a e-mail card; and (b) was unable to obtain a credit loan at a low interest rate in a normal way; (c) lent a access medium connected to the Defendant’s account to a person without his/her name in an unlawful manner; and (d) he/she submitted it as data as if the Defendant was the normal transaction performance of the Defendant and submitted it to obtain a credit loan.
On April 5, 2018, at the defendant's office located in Kimhae-si, the defendant sent to the defendant's name in the defendant's office via Kwikset service two pages of C, which are linked to the defendant's name bank account (Account Number D) and the Nong Bank account (Account Number E).
Accordingly, the Defendant used access media for the purpose of committing the above crimes respectively.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Application of Acts and subordinate statutes to warrant reply data, CCTV image data, text and Kakakao Stockholm dialogue content, investigation report (Attachment to the details of transactions of suspect Nonghyup Account);
1. Relevant legal provisions and Articles 49 (4) 2 and 6 (3) 3 of the Electronic Financial Transactions Act concerning criminal facts (a lease of an access medium for the purpose of using it for a crime);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of an alternative fine for punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following circumstances: (a) the Defendant’s age, sexual conduct, the number of access media transferred by the Defendant; (b) the background of the instant crime; and (c) the circumstances after the commission of the crime, and all of the sentencing conditions as ordered.
Unfavorable circumstances: Lending access media shall be the reliability of the safety performance of electronic financial transactions.