전자금융거래법위반
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access, knowing that he/she is to be used for a crime or to be used in such crime.
On June 7, 2019, the Defendant received a proposal stating, “We will pay a fee if you are in the place of arranging Bitcoin. In order to do any work, you must send a check card.”
Around May 4, 2018, the Defendant issued a summary order of KRW 3,00,000,000 to an account holder for the use of the means of access, such as account number or physical card, and issued it to the victim for the use of the deposited money. Thus, the Defendant was aware that it would be used for criminal acts, such as scaming, if the account holder transferred the means of access, such as account number or physical card, without permission, so that it can be used for the purpose of the deposited money.
Nevertheless, on June 11, 2019, the Defendant accepted the proposal of the above boxes, and then sent a physical card connected to the account of the Defendant’s name in the Nowon-dong bus terminal located in the Geum-gu, Busan, Simpo-dong, and sent it to a sub-Yecheon Pung-si, and notified the account number and password of the number to the Kakao Kakao Mem.
Accordingly, the Defendant knowingly lent the means of access to the crime.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. Statement of the police statement of E;
1. Details of account transactions;
1. Domestic investigation reports and investigation reports (the No. 11, 24 of the evidence list);
1. Application of Acts and subordinate statutes of summary order;
1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 3 of the Electronic Financial Transactions Act concerning the selection of punishment;
1. The reasons for sentencing under Article 62(1) of the Criminal Act are the same as the defendant.