전자금융거래법위반
Defendant shall be punished by a fine of seven million won.
If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.
Punishment of the crime
No person shall, in using and managing the means of access, borrow or lend the means of access or store, deliver or distribute the means of access with the knowledge that they are to be used for a crime or to be used for a crime.
Nevertheless, on December 12, 2018, the Defendant listened to the statement that “a business loan may be made, and if you send the check card, you will get a loan by accumulating transaction performance.” On the same day, at around 21:00, the Defendant’s office located in the Defendant’s office located in Yongsan-si B, and then entered a password on the back of the card to the head of Tong who cannot know his name using Kwikset’s service in the name of the Defendant’s Kwikset Bank (D).
Accordingly, the Defendant knowingly lent the means of access to the account to a person with no name even though he could be used in the crime.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. Application of Acts and subordinate statutes to the entry and withdrawal;
1. Relevant Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning criminal facts, the selection of punishment, and the selection of fines;
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 is to lend the means of access to the order of provisional payment is the means of fraud.
If it is not easy to punish a person who actually committed an electronic commerce fraud, and the lending of the means of access is not strictly punished, it is difficult to prevent the eradicating of such fraud crimes, such as singing, etc.
In fact, the means of access in this case was used as a means of crime, causing damage to the phishing crime.
Even in 2014, even if the Defendant had leased the means of access and received an investigation, it is not good that the means of access is used to lend the means of access under the same method.