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A defendant shall be punished by imprisonment for one year.
The defendant shall be liable to the applicant B for the damage KRW 270,000 and the applicant C for the damage.
Reasons
Punishment of the crime
1. No person who violates the Electronic Financial Transactions Act shall borrow or lend, store, deliver or distribute access media with the knowledge that such media is to be used for a crime or to be used for a crime;
Nevertheless, on October 10, 2016, the Defendant would make a credit card from a person under the name of the deceased who became aware of through a flopping app, and send a passbook and identification card.
In response to the proposal, the Defendant’s driver’s license and the passbook (D) of the new bank account via the Kaok Ping app was photographed and transmitted. On the 14th day of the same month, the new bank located in Gyeonggi-si in Gyeonggi-si and Gyeonggi-do, in accordance with the order of the said person without the name, applied for the provision of the release of a medium without the name on the Defendant’s account, and knew that it would be used for the crime, the Defendant sent the access medium by transmitting the above 4-type of the number No. 6 of the medium release service code and the password of the said account via the KaStockholm.
2. On October 14, 2016, the Defendant provided that, according to the direction of a person who was unable to obtain his/her name, the number and password of the non-mediate media release service code of the new bank account (D) under the name of the Defendant was known to the person who was unaware of his/her name.
However, the Defendant transferred the passbook and password of his company bank account to another person even before, used in the crime of "mination fraud" and had been punished once after being investigated by an investigative agency. In the case of the non-mediate media release service, if the code and the account password are available even without the passbook or cash card, the Defendant can withdraw or transfer the cash transferred from the account from the cash withdrawal machine to another person, and if the code and the account number are known, the Defendant inform the other party whose personal information is entirely unknown even if there is a high possibility of being used for the crime, and the Defendant is under the credit rating at many places in the previous bank.