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A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 2,00,000 won.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
1. Any person who violates the Electronic Financial Transactions Act shall be prohibited from lending an access medium in return for promising to receive consideration, except as otherwise expressly provided for in any other Act;
Nevertheless, the Defendant, on October 7, 2019, assumes a false name from a person who assumes the position of the Korea Asset Management Corporation on the A.M., to create a transaction performance in a manner that makes it possible to raise the amount of the loan in order to obtain the loan.
“Around 19:00 on the same day, “A” sent a horse to Kwikset service article containing two physical cards in connection with D bank accounts (Account Number: E) and F bank accounts under the name of the Defendant, and two copies of such cards and their passwords, respectively, and sent them to Kwikset service article containing such names.
As a result, the Defendant promised to receive intangible expectation interest that can receive a loan, and lent the access media to the name influence.
2. In order to obtain a loan from a public policy support fund on October 4, 2019, an employee in charge of the crime of embezzlement’s name undisfortunateing crime shall pay the existing loan to the victim H by telephone around October 4, 2019
The Defendant, on October 8, 2019, led the victim to transfer KRW 20 million to the said bank account under the name of the Defendant that was lent by the Defendant.
On the other hand, the Defendant, like Paragraph 1, delivered a medium of access to the bank account and F bank account under the name of the Defendant to the name partner, and then came to know on October 8, 2019 that the name partner was an employee for the commission of the phishing crime by telephone to the Korea Asset Management Corporation on the following day.
The Defendant, at around 09:30 on October 8, 2019, transferred KRW 20 million to D bank accounts at around 12:30,000, out of which the Defendant had actual record of the transfer of KRW 8 million to D bank accounts.