Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 3,000,000.

The above fine is imposed against the Defendants.

Punishment of the crime

▣ 범죄 전력 피고인 A은 2016. 3. 16. 서울 동부지방법원에서 특정범죄 가중처벌 등에 관한 법률위반( 도주차량) 죄 등으로 징역 8월, 집행유예 2년을 선고 받아 같은 달 24. 그 판결이 확정되었다.

▣ 범죄사실 [2016 고단 521]

1. No person who intends to lend or arrange the lending of any access medium used in electronic financial transactions while receiving, demanding or promising the lending of such medium;

Nevertheless, the Defendant, at the end of May 2015, proposed to pay KRW 700,00 won per account from D to the third party account via E, which was requested to request for the opening of the account, and offered to lend money to B, and around that time, issued the check card and password that is linked to B’s one bank account (G) in the name of B, which was delivered in advance with E, from the front convenience store in the house located in Songpa-gu Seoul F.D.

As a result, the Defendant assisted the lending or borrowing of access media while receiving, demanding, or promising the payment from D, E, and B.

2. No defendant B shall lend any access medium used in electronic financial transactions to another person at the time of receiving, demanding or promising the price for such medium;

Nevertheless, on May 2015, the Defendant listened to the horses of E that he can receive KRW 700,000 per month from a loan of the passbook, and around that time, he issued a check card and password that is linked to the account (G) of one bank in the name of the Defendant in the Gangnam-gu Seoul Metropolitan Government (hereinafter referred to as the “Seoul-gu Ma-dong”).

Accordingly, the defendant, while receiving, demanding, or promising the consideration, lent the access media linked to the above account in the name of the defendant.

[2016 Highest 2028]

1. The defendant A shall lend or borrow access media used in electronic financial transactions at the time of receiving, demanding or promising the payment.