전자금융거래법위반
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
No one shall, in using and managing the means of access, lend the means of access while receiving, demanding or promising any compensation therefor.
On January 2019, the Defendant received a loan fraud proposal from a person whose name is unknown by telephone to the effect that “the lending is difficult due to low credit rating, and would be sufficient to obtain a loan. If sending a e-mail card, it would be granting a loan by raising credit rating,” and consented thereto. On January 21, 2019, the Defendant sent one e-mail card connected to the B account in the name of the Defendant to a person whose name is unknown, and notified the password by telephone.
Accordingly, the Defendant promised to obtain intangible expected profits that can be given future loans through the details of transactions of deposit and withdrawal in return for the lending of the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Application of Acts and subordinate statutes to deposit statements, documents on financial transaction, and photographs of the contents of conversation;
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. In a situation where a variety of singing crimes, which have caused serious harm to our society for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, still take place, it is not good that the Defendant arbitrarily lent the means of access used for electronic financial transactions to a person who is not identifiable for the purpose of acquiring unjust profits.
Since the means of access leased by the accused was actually used as a means of phishing crime, the outcome of the crime is not somewhat weak.
However, the defendant reflects his fault in depth.
The defendant also is the defendant.