전자금융거래법위반
Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
Except as otherwise expressly provided for in any other Act and subordinate statutes, no one shall transfer any access medium, receive any consideration, lend or lend any access medium, etc. to a financial institution, which is used to issue a transaction instruction in electronic financial transactions or to guarantee the authenticity and accuracy of the details of transactions with users and financial institutions.
On September 25, 2017, the Defendant: (a) received a proposal from the Nonindicted Party C office located in Changwon-si, to “I wish to offer KRW 600,000 per day if I will lend an account to a liquor company, which is a tax problem,” and then delivered a physical card and a password connected to the national bank account (Account Number: D) in the name of the Defendant at home to the Nonindicted Party.
Accordingly, the defendant agreed to receive compensation and lent an access medium.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes to national bank replies;
1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. In a situation where the criminal procedure of the provisional payment order, which has caused serious harm to our society due to the sentencing of Article 334(1) of the Criminal Procedure Act, continues to take place, lending without permission a medium of access used for electronic financial transactions to a person who is unable to identify the defendant for the purpose of acquiring illegal profits, is not a good crime.
Since the access media leased by the defendant was actually used as a means of committing the phishing crime against many other persons, the outcome of the crime is not somewhat weak.
However, the defendant reflects his fault in depth.
The defendant also uses access media that he lends to be used for serious crimes such as Bosing.