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 person shall lend or lend means of access, such as the account number, etc. of financial institutions used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of the details of users and transactions, with the knowledge that they are to be used for a crime or to be used for such purpose
Nevertheless, on November 2018, the Defendant: (a) received a proposal from an unsatisf in the name of the Defendant, that “on the face of sending a knife card, the Defendant would make a loan by creating a false transaction performance; and (b) would return the knife card after two to three days”; (c) submitted the above false transaction performance as if the Defendant was a normal transaction performance; and (d) submitted the above false transaction performance to obtain a loan; and (d) delivered the kwikset Card connected to the Defendant’s bank account in the name of the Defendant at the Kimhae-si B apartment guard office on November 21, 2018.
Accordingly, the Defendant lent the means of access for the purpose of using the above crime.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes regarding specification of transactions;
1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 3 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 sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of the provisional payment order is based on a comprehensive consideration of the Defendant’s age, character and conduct, the contents and circumstances of the instant crime, and the circumstances after the commission of the crime, as set forth in the order.
The act of lending means of access is not only detrimental to the safety and reliability of electronic financial transactions, but also it is necessary to strictly cope with the risk of massing a large number of victims because it is used for other crimes.
The means of access leased by the accused was actually used for the fraud crime.
A favorable circumstance: The defendant shall be present.