Text
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
Except as otherwise expressly provided for in any other Act, no one shall lend a means of access with the receipt, request or promise of compensation in using and managing the means of access used in electronic financial transactions.
Nevertheless, on October 12, 2018, the Defendant received a text message stating that “the start-up funds may be loaned from a person without his name, but there is insufficient transaction records.” The Defendant sent the paper message to the effect that “the transmission by affixing the passbook in the name of the Defendant is requested,” and then sent the photograph of the passbook in the name of the Defendant in order to obtain the loan by creating a false entry and withdrawal details on the passbook in the name of the Defendant’s name, and then sent the photograph of the passbook in the name of B Bank connected with the B Bank account in the name of the Defendant, and sent it to the person without his name, and sent the identification number of the authorized certificate connected with the above account, theOTP number to the person without his name: D. E.
As a result, the defendant demanded in return for an intangible expectation profit that can receive a future loan, and lent the means of access to a person with no name.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement;
1. Application of Acts and subordinate statutes on the details of entry, withdrawal and transactions, and the details of D modernization;
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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;