전자금융거래법위반
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
No person shall borrow or lend, or store, deliver or distribute, any access medium with the knowledge that it is intended to be used for a crime or intended to be used for a crime.
On December 2, 2019, the Defendant received a proposal that “I will lend interest of KRW 20 million from a person in an infinite name who assumes a false name for a lending company, and if I send a e-mail card, I will pay interest by using the card.”
On April 2016, the Defendant: (a) transferred the access medium connected to the Defendant’s account in order to obtain a loan from the Defendant; and (b) had the record of being investigated due to the suspicion of the violation of the Electronic Financial Transactions Act by using the said account in the singishing crime; (c) thus, the Defendant was aware that the e-mail card may be used for the crime of singing, etc. in a case where the e-mail card was transferred to the Defendant without permission, in response to the proposal that the lending would be avoided.
Nevertheless, the Defendant accepted the proposal of the person without his name, and then delivered the physical card connected to the post office account (C) in the name of the Defendant in front of the apartment unit B in Taecheon-si, 2020 to the door-to-door officer who sent one copy of the physical card connected to the name of the Defendant.
Accordingly, the Defendant lent access media with the knowledge that it will be used for the purpose of crime or crime.
Summary of Evidence
1. Partial statement of the defendant;
1. A petition and the data submitted by the victim, a criminal investigation report (the details of the warrant reply), a criminal investigation report (explosion of withdrawn images response), a criminal investigation report (data related to the same kind of power), and each accompanying document (the defendant was not aware that the defendant merely exceeded the check card to obtain a loan, and was used for a crime;
The argument is asserted.
However, in 2016, the Defendant, as in the instant case, presented a physical card to a person with no name, and the account was used for the phishing crime and was suspected of violating the Electronic Financial Transactions Act.