Text
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No person shall, in using and managing the means of electronic financial transactions, borrow or lend the means of access, or keep, deliver or distribute the means of access in receiving, demanding or promising any compensation therefor.
On June 15, 2019, the Defendant: (a) provided a loan consultation through a name-free person and telephone who misrepresented B bank employees in Busan (hereinafter referred to as the “B bank employees”); (b) provided a proposal that “the lending limit shall increase the acquisition limit; and (c) he/she would have the loan by accumulating the results of the transaction of deposit and withdrawal when sending the C card; and (d) sent a copy of the C card connected to the Defendant’s name-free person at the post office prior to the Busan Song-gu, Busan (hereinafter referred to as the “D”) around June 17, 2019.”
Accordingly, the Defendant promised to obtain intangible expected profits that can be given future loans through the details of transactions of deposit and withdrawal in return for the lending of the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes concerning specification of transactions;
1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 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. To reduce part of the fines for a summary order by taking into account the circumstances leading to the instant crime on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the criminal records of the Defendant (no record of the same type of crime or the punishment for the last ten years) and other various sentencing conditions.