전자금융거래법위반
Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
With respect to the use and management of a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, unless otherwise specifically provided for in any other Act.
Nevertheless, on May 23, 2016, the Defendant contacted the other party who sent a text message from a person who was dissatisf of his name at a non-dissatisfy site, “I will use 3 days alcoholic beverages for the purpose of purchasing alcoholic beverages, and will do so in 600,000 won a day.” On May 23, 2016, the Defendant sent a letter of check to the new bank account to the effect that the unsatisfyer “I will transfer the Kwikset service article.” At around 15:00 following the following day, the Defendant sent a letter of check to the new bank account under the name of the Defendant, which is linked to the Defendant’s personal account (E) prior to the Defendant’s home at Yeonsu-gu, Yeonsu-gu, Incheon and 102 Dong 1302, known the name unsatkset service article, and the password of the above account to the above unsatisfyer by telephone.
Accordingly, the Defendant promised to provide compensation and lent the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. The statement of each police officer made to F and G;
1. A written petition;
1. A report on investigation (Attachment toCCTV data) and CCTV attached thereto;
1. Application of the Act on Transactions in Defendant’s Account
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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the means of access that the Defendant lent to a person without the name is actually used in the so-called Bophishing fraud crime, and the social risk and damage is less severe, but the Defendant is able to easily impose money by reporting text messages on a cell phone with no criminal power.