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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No person shall lend or borrow any cash card, a means of electronic financial transactions issued by a financial institution, and a password and passbook necessary for the use thereof, etc. while demanding, demanding or promising to provide.
Nevertheless, on January 10, 2019, the Defendant, via a mobile phone, sent a personal card to his name-free person and sent a password to him, sent a loan of KRW 10 million by accumulating transaction performance by means of paying in and withdrawing from the card using it. When lending is carried out, the Defendant received a communication from his name-free person to the effect that “I will return the check card. When lending is carried out, I will return the check card.”
At around 16:00 on January 16, 2019, the Defendant sent a physical card connected to the Bbank account (C) in the name of the Defendant at the “private Dong post office” located in 75, as the Dongjak-gu Seoul Metropolitan Government, to a person who has no name, and notified the password by telephone.
As a result, the Defendant promised the means of electronic financial transactions in return for the intangible expected interest of future loans, and lent them to the name-in-fact party.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Written statements of D;
1. Application of Acts and subordinate statutes to a petition, a certificate of transfer, a reply to a request for financial transaction information, CCTV photographs, or a text message to capture;
1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense; selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order is that the means of access that the defendant lent seems to have been used for committing fraud.
However, the defendant seems to have committed the crime of this case by deceiving him, and the defendant seems to have been against himself while recognizing the crime of this case, and the defendant is the same as the same crime.