전자금융거래법위반
Defendant shall be punished by a fine of three million won.
Where a defendant fails to pay a fine, one hundred thousand won shall be the day.
Punishment of the crime
No person shall transfer, receive, request or promise any means of access used in electronic financial transactions to lend the means of access.
Nevertheless, on October 2018, the Defendant received a text message from a person whose name is unknown, to provide KRW 3 million per unit of “unusedable account” from a person whose name is unknown, and called with that person’s contact address and exchanged with that person, and sent a physical card of an account that is not used to send an article “from that person,” and received a proposal to send money to a separate account.
After that, around October 8, 2018, the defendant sent a physical card linked to the Cbank account (Account Number D) in the name of the defendant to a person who could not know the above name through Obaba, and notified the password by telephone.
The Defendant promised to receive such consideration and lent the means of access linked to the Defendant’s account in the name of the Defendant.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of E, the written confirmation of the results of electronic financial transfer, and the details of financial transactions;
1. Application of Acts and subordinate statutes to copies of passbooks or mobile phone text messages;
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 sentencing order under Article 334(1) of the Criminal Procedure Act is to be determined as ordered in consideration of the records of this case and the circumstances revealed at the trial, such as the defendant's age, economic circumstances, and motive for committing the crime, with the reason of sentencing.
Unfavorable circumstances: The act of lending the means of access requires strict punishment as it provides so-called the passbook which is abused as a means of other crimes, such as tax evasion, gambling, and scam, and the defendant around April 2018.