beta
Text
Defendant shall be punished by a fine of 2.5 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
No one shall, in making a transaction request in electronic financial transactions or using and managing a means of access used to secure the authenticity and accuracy of users and the details of such transaction, borrow or lend the means of access while promising any compensation therefor.
On January 2018, the Defendant listened to the statement that “The account managing profits in connection with Rototo will be lent between one month and one month, and then will be paid KRW 3 million on a face.” On January 2018, the Defendant lent the physical card, which is a means of access to B bank (C) in the name of the Defendant, at the North Incheon Bupyeong-gu office located in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, by using the name of the deceased.
As a result, the Defendant promised to make a transaction request in electronic financial transactions or lent a means of access used to secure the authenticity and accuracy of users and transaction details.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of B bank customer information and details of transactions statutes;
1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 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. Sentencing the sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is highly likely to cause secondary damage, such as fraud, by abusing the means of electronic financial transactions to crime.
In fact, the means of access leased by the defendant was used for telephone financial fraud such as remittance and withdrawal of 6 million won to the connected account.
However, the number of means of access leased is limited to one, and it is difficult to say that the defendant was aware that the means of access would be used in fraud.
No profit earned by the defendant from the crime of this case is available.
The defendant is the first offender.
In full view of the above circumstances, the punishment as ordered shall be determined as above.