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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
Except as otherwise provided for in any other Act, no person shall lend a means of access with the knowledge that the means of access used in electronic financial transactions are to be used for any crime or to be used for any crime.
Nevertheless, around January 15, 2019, the Defendant called from a person who was unaware of his name, that “When sending a e-mail card, the Defendant would make a loan by manipulating the details of transactions from entering and leaving the e-mail card, and would make a loan.” At that time, the Defendant sent Kwikset service article who sent the e-mail card, which is a means of access connected with the Defendant’s name C (Account Number D) in the vicinity of the Defendant’s house located in Gwangju City, to the said person.
Accordingly, the Defendant knowingly lent the means of access used in electronic financial transactions.
Summary of Evidence
1. Defendant's legal statement;
1. A report on internal investigation:
1. Application of Acts and subordinate statutes to a petition, a financial reply data, and a reply letter (limited company E);
1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 3 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 act of lending a means of access for an electronic financial transaction at a disadvantage to the grounds for sentencing under Article 334(1) of the Criminal Procedure Act is serious harm, such as not only impairing the safety and reliability of electronic financial transactions, but also widely abusing it as a means of other crimes.
The means of access that the Defendant lent as the instant crime was actually used for the crime of telephone financial fraud (phishing fraud).
(A) On January 28, 2015, the Defendant transferred the passbook, e.g., the means of access for electronic financial transactions, e., the card and passwords.
‘' on April 22, 2015, for facts constituting a crime.