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(영문) 창원지방법원 2019.06.28 2019고단1427

Defendant shall be punished by a fine of KRW 3,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.


Punishment of the crime

In using and managing the means of access, no person shall commit any act of lending the means of access with knowledge that such means will be used for any crime.

Around March 27, 2019, the Defendant received a proposal from an indivist of name C to “a request to send a physical card to lend a loan,” from an indivist of name C, and sent a physical card connected to a deposit account (E) in the name of the Defendant.”

As a result, the defendant promised to pay compensation and lent the means of access to his name in return.

Summary of Evidence

1. Statement by the defendant in court;

1. The document prepared by the F;

1. Application of Acts and subordinate statutes on response to financial transaction information;

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. On the grounds of sentencing under Article 334 of the Criminal Procedure Act, the sentence shall be determined as ordered in full view of all the various circumstances, including the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: The circumstances that the means of access that the defendant has passed is actually used in the crime of telecommunications-based financial fraud: The fact that the defendant repents and reflects the mistake, and that there is no record of excessive punishment of the same kind or fine, etc.