전자금융거래법위반
Defendant shall be punished by a fine of four million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
In using and managing the means of access, no person shall commit any act of lending the means of access with knowledge that such means will be used for any crime.
Nevertheless, around 09:00 on December 21, 2018, the Defendant: (a) received a proposal from a person without the name of the beneficiary, stating, “When sending a e-mail card, the Defendant would have a low interest rate loan by increasing the transaction details of the account in his/her name.” (b) knowingly, the Defendant respondeded to the fraud of receiving the loan by illegally lending the means of access connected to the Defendant’s account to a person with the name of the beneficiary who was aware that it could not receive the loan in a normal manner.
Therefore, at the above time, the Defendant sent a physical card, which is linked to the C.C. (D) account in the name of the Defendant at the Changwon-dong post office located in 94, using one post office line, and sent the password of the said physical card to B).
Accordingly, the Defendant knowingly lent the means of access to the crime.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of the electronic financial transfer certificate under 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 concerning the selection of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order is based on the following factors: (a) the sentencing conditions of the instant crime; (b) the Defendant’s age, character and conduct; and (c) the following factors:
Unfavorable circumstances: The act of lending the means of access is used to impair the safety and reliability of electronic financial transactions and to commit Bosing and has a great social harm and injury, so it is necessary to punish it. The means of access leased by the defendant is actually used to commit fraud, and the defendant is about eight years.