전자금융거래법위반
Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
On November 2017, the Defendant accepted the proposal that “If you send a e-mail card, you will pay 70,000 won to the e-mail in return for sending it to the e-mail card from the person in the name of the deceased.”
On November 1, 2017, at around 18:00, the Defendant sent a personal identification number to the name in the front of the Kimhae-si, via Kwikset Service Articles who received instructions from the name in the name of the non-sckseter, and notified the above name non-sckseter of the password.
Accordingly, the Defendant promised to pay the price, and lent the approaching media.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. Increase of deposit details, personal information provision of financial services, and application of Acts and subordinate statutes regarding financial transaction details;
1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. In a situation where the criminal procedure of the provisional payment order, which has caused serious harm to our society due to the sentencing of Article 334(1) of the Criminal Procedure Act, continues to take place, lending without permission a medium of access used for electronic financial transactions to a person who is unable to identify the defendant for the purpose of acquiring illegal profits, is not a good crime.
Since the access media leased by the defendant was actually used as a means of the phishing crime, the outcome of the crime is not somewhat weak.
However, the defendant reflects his fault in depth.
It seems that the Defendant also lent the access media that he lent to the Defendant, without being aware that the media would be used for serious crimes such as Bosing.
As a result, it seems that there is no profit that the defendant acquired through the crime of this case.
The extent of each damage shall be the same.