전자금융거래법위반
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
In using and managing a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.
Nevertheless, at around 16:20 on April 25, 2018, the Defendant: (a) sent a text message stating, “The head of a Tong needs to pay KRW 700,000 won per account if the account is lent for 3:4 days; (b) sent the card to acquire cash; and (c) sent the physical card to the box in Gwangjin-gu Seoul Special Metropolitan City by packing it in the box and sending it to Kwikset through Kwikset’s service. At around 16:30 on the same day, the Defendant sent one check card connected to the Cbank’s account in the name of the Defendant and sent the above account number and password to Kwikset.
Accordingly, the Defendant promised to receive compensation from a person with no name, and lent the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. A copy of a protocol of suspect examination of the police against F;
1. A copy of the internal investigation report (F e-mail card takeover and delivery details by date);
1. A specification of transactions;
1. Application of Acts and subordinate statutes to screen a copy of the G dialogue (H), the screen of a mobile phone text message course, and the screen of a closure of the E dialogue course;
1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The Defendant’s crime of sentencing on the grounds of Article 334(1) of the Criminal Procedure Act is committed on the basis of the promise of consideration and lending the means of access. Such crime not only disturbs the reliability and safety of electronic financial transactions, but also can be abused as a means of crime using the means of access. Therefore, there is a need for punishment.
The means of access leased by the accused are organized by the card collection method.