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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 becomes final and conclusive.
Reasons
Criminal facts
No person shall lend any means of access necessary for electronic financial transactions while receiving, demanding or promising the payment.
Nevertheless, around 10:36 on August 7, 2018, the Defendant received the Kakao Stockholm message from a person without a name, and promised to lend the Kakao Stockholm message to the person with no name for three days, and then, at around 16:00 on the same day, lent the means of access by sending one check card connected to the Defendant’s name bank account (E) at the office located in Yongsan-gu Seoul Metropolitan Government, to the above person with no name, using the delivery service, and giving the corresponding password by telephone.
No person shall lend the means of access necessary for electronic financial transactions, knowing that he/she is to be used for a crime or to be used for a crime.
Nevertheless, around January 22, 2019, the Defendant received a proposal from a person who had misrepresented the FF Bank substitute staff to the effect that “to open a Masp passbook, there must be transaction records. If the Defendant would make a one-time identification card (OTP) in the bank and make an account known, he would create a transaction performance.” On the same day, the Defendant notified the Defendant’s name bank account number (G) in accordance with the instructions of the person who has not received the name, and sent the authorized certificate after withdrawing the password of the authorized certificate connected to the above account number to the person who has failed to obtain the name, and issued an OTP number whenever requested by the person who has failed to obtain the name.
As a result, the Defendant knowingly lent the means of access to a crime such as fraud.
Summary of Evidence
1. Partial statement of the defendant;
1. Examination protocol of the accused by prosecution;
1. Police suspect interrogation protocol of the accused;
1. Each police statement made to H and I;
1. Details of transactions;