Text
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No person shall lend or lend any access medium, such as an electronic card, which is used to issue a transaction instruction in electronic financial transactions or to secure the accuracy and reliability of users and transaction details, in promise of any consideration.
On January 12, 2016, at around 19:30, the Defendant sent the physical card connected to the account under the name of the Defendant to the National Bank (B) account in the name of the Defendant on the front of the Incheon Southern-gu Incheon National Viewing Station, on condition that the Defendant receives KRW 3.5 million per month, and notified the account number and the password of the check by telephone.
Accordingly, the defendant paid the price to the name in return for the lending of the approaching media.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of details of separate transactions by account and reply statutes to requests for provision of financial transaction information;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;
1. Supreme Court Decision 2009Do1530 Decided March 25, 2010 (one crime is established for each access medium; Provided, That the act of transferring multiple access media simultaneously as above constitutes a single act of committing several violations of the Electronic Financial Transactions Act, and each crime is in a mutually competitive relationship.
must be interpreted.)
Articles 40 and 50 of the Criminal Act
1. Selection of an alternative fine for punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The fact that the access media leased by the Defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act was actually used for phishing crimes, etc. is against the disadvantage of the Defendant, the first offender, and the fact that there is no actual gain from the lending, etc., shall be considered under favorable circumstances, and the punishment shall be determined as ordered by taking into account all the factors such as the Defendant’s age, sex, environment, motive and circumstance of the crime, and circumstances after the crime.