(영문) 서울남부지방법원 2019.01.16 2018고단4118



Defendant shall be punished by a fine of 2.5 million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.


Punishment of the crime

In using and managing the means of access to electronic financial transactions, no one shall borrow or lend a means of access or keep and deliver a means of access while demanding, demanding or promising to do so, unless otherwise provided for in any other Act.

Nevertheless, on April 2018, the Defendant: (a) sent the phrase “to use in trading in cosmetic, a cosmetics company B; (b) 3 million won in cash or 1 million won in cash if the Defendant borrowed the e-mail card; and (c) sent the e-mail card to the person in default; (d) sent the e-mail card to the person in default; and (e) sent the e-mail card password and the c bank account number (D) to the Defendant by phone to the person in default on his name on May 2, 2018; and (e) sent the e-mail card connected to the above c bank account in e-mail, Seo-gu, Seo-gu, Gwangju; and (e) sent the e-mail card to the Kwikset Service engineer.

Accordingly, the Defendant promised to pay compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A copy of the F Document;

1. Report on investigation (the result of execution of a warrant of search, seizure and inspection);

1. Application of investigation reports (person A with a title of account) 1 and detailed statement of transactions (certificate of confirmation of electronic financial transfer transactions) Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (the occupation of lending means of access and the selection of fines);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order: The crime of this case is not likely to be committed by leasing the means of access that can be used in the so-called Bophishing crime or Internet fraud crime.

In that the means of access, such as a physical card, lent by the defendant, was actually used for the crime of fraud, it cannot be deemed that the case is light.

The favorable circumstances: criminal punishment against the defendant.