beta
Text
Defendant
A Imprisonment for one year, and each of the defendants B shall be punished by a fine of two million won.
Defendant
B does not pay the above fine.
Reasons
Punishment of the crime
1. Defendant A
(a) [2018 Height 1564] No person shall lend any access medium with the receipt, request or promise of consideration, unless otherwise expressly provided for in any other Act, in using or managing an electronic card, electronic information equivalent thereto, certificate, password or other access medium used for electronic financial transactions;
On December 6, 2017, the Defendant: (a) received a proposal from a person without his/her name to “be given KRW 700,000 per day from a bank account for the purpose of tax reduction or exemption; (b) sent a physical card connected to the C bank account under the name of the Defendant to a person with no name and notify the account number and password.” (c) On December 6, 2017, the Defendant sent the physical card connected to the C bank account under the name of the Defendant to the person with no name and notified the account number and password.
In this respect, the defendant promised to pay for, and lent the access media to electronic financial transactions.
(b) [2018 Height 1410] No person shall transfer or acquire an electronic card which is an access medium for electronic financial transactions and a password necessary for the use thereof, a user number, etc. registered with a financial institution or an electronic financial institution, or establish a pledge;
At around 08:00 on April 16, 2018, the Defendant, at around 08:0, was able to each copy of the physical card, which is an access medium used in the electronic financial transaction of H bank account (Account Number I and J) opened from G in his/her name, and one copy of the physical card, which is an access medium used in the electronic financial transaction of K bank account (Account Number L) opened in his/her name from B, respectively.
2. In using and managing access media used in electronic financial transactions, no person shall lend access media while demanding or promising to receive compensation, unless otherwise expressly provided for in any other Act;
Nevertheless, the Defendant, at around 15:00 on April 13, 2018, paid 2.4 million won from N in Gangseo-si M and 2.4 million won for three days.