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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
Except as otherwise expressly provided for in any other Act, no one shall issue a transaction request in electronic financial transactions or lend a means of access used to secure the authenticity and accuracy of users and the details of such transaction at the same time.
Nevertheless, on July 2018, the Defendant received a proposal that “The e-mail card in his name must be sent to the account in order to repay interest, where 3 million won can be loaned, and the e-mail card shall be given to the Defendant’s e-mail account” from the person who was known through the text message on the mobile phone loan advertisement to the police officer, and the Defendant sent the e-mail card, etc. connected to the Defendant’s D Association (E) account in Kim Sea-si B.
Accordingly, the defendant provided a loan to the means of electronic financial transactions.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Application of Acts and subordinate statutes on the details of transfer and account transactions;
1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 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 recognized the instant crime and did not repeat the same mistake.
Defendant has no record of punishment for the same kind of crime in the past.