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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. No person who violates the Electronic Financial Transactions Act may lend the means of access in receiving, demanding or promising any compensation;
Nevertheless, on February 2020, the Defendant received the proposal that “it is possible to borrow KRW 10 million from the person who was the most bad name, but if he sent a e-mail card due to low credit rating, he would make a loan by raising credit rating through making a false entry fee if he sent the e-mail card.” On the top of the response point of “E” located in Seongdong-gu Seoul Metropolitan Government, the Defendant sent three copies of the e-mail card linked to the F Bank account in the name of the Defendant, the company bank account in the name of the Defendant, the I Bank account in the name of the Defendant, and the I Bank account in the name of the Defendant to Kwikset Service’s article, and then delivered three copies of the e-mail card linked to the I Bank Account in the name of the Defendant to Kwikset Service’s article.
Accordingly, the Defendant promised to receive intangible prices for future loans in consideration of credit rating through deposit and withdrawal transactions, and lent the means of access.
2. On February 19, 2020, an employee of the singishing assistance in the name of fraud made a false statement to the victim K by calls from the victim K at a non-place on February 19, 2020 and received KRW 20 million from the victim to the F Bank account (G) account in the name of the defendant around February 18, 2020.
On the other hand, the defendant confirmed that money was deposited and withdrawn several times using the e-mail card leased as provided in paragraph (1) and suspended all three e-mail cards connected to each account under the name of the defendant around February 24, 2020. The e-mail scaming employee could not use the e-mail card that was delivered to the defendant by telephone, and the e-mail scam from the F bank account under his name to the I bank account.