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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. No person who violates the Electronic Financial Transactions Act shall borrow or lend a means of access to a transaction request in electronic financial transactions or to secure the authenticity and accuracy of the user and the details of the transaction, unless otherwise specifically provided for in any other Act;
On November 2018, the Defendant listened to the phrase “B” from a name-free box (one named “C”), who assumes the staff of the lending company “B”, that “if sending a e-mail card and its password connected to the bank account, it would have a loan of KRW 12 million by accumulating the financial transaction performance,” and around November 26, 2018, the Defendant provided the above “C” with a personal identification number connected to the D Association account under the name of the Defendant, and provided the above “C” with a personal identification number via F.
Accordingly, the Defendant promised to provide compensation and lent the means of access.
2. On November 27, 2018, the name-influor of the electronic financial fraud organization of the victim G, who assumes the name-influor of the electronic financial fraud organization with respect to the victim G by telephone at a place where the location is unknown, and falsely speaks as follows: “Influor, if a loan is available, it is required to repay the loan already used at the location of the lending, to deposit KRW 34 million with A’s account (I).” On November 28, 2018, the victim was transferred KRW 34 million from the victim to the said account.
On November 28, 2018, the Defendant listened to the phrase “K” that “if it is possible to get a loan of KRW 30,000,000 by accumulating financial transaction records and making money deposited in the account, it would be possible to withdraw the deposit in cash and deliver it to a person receiving money sent by us.” The Defendant was aware of, or at least predicted, that the said “K,” etc. committed a crime of telephone financial fraud. However, the Defendant was aware of, or committed at least, the commission of the crime of telephone financial fraud.