Text
Defendant shall be punished by a fine of KRW 4,000,000.
Where a defendant fails to pay a fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
No person shall lend any means of access to an electronic financial transaction with the promise of receiving the price therefor.
Nevertheless, on January 14, 2019, the Defendant received a proposal to the effect that “a person with no credit may also borrow it by means of law, and if sending a e-mail card, would make loans available by manipulating the transaction performance.” On or around January 16, 2019, the Defendant sent a e-mail card connected to the E-bank account (Account Number:F) in the name of the Defendant and the G Bank (Account Number:H) in the name of the Defendant to create a false transaction performance and obtain a loan from the Defendant’s account in the name of the Defendant. On or around January 16, 2019, the Defendant notified the above e-mail card connected to the E-bank account (Account Number: H) in the name of the Defendant and the Kwikset Service article that found there.
As a result, the Defendant promised to receive the price, and lent the means of access used in electronic financial transactions to the name partner.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement to I;
1. Application of Acts and subordinate statutes of transfer receipt;
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. On the grounds of sentencing under Article 334 of the Criminal Procedure Act, the sentence shall be determined as ordered in full view of all the various circumstances, including the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.
Unfavorable circumstances: The defendant's excessive means of access is actually used in the crime of telecommunications-based financial fraud; the defendant's mistake is divided and reflected; the first offender, etc.