beta
Text
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Justice] On November 13, 2008, the former District Court issued a summary order of KRW 300,000 as a violation of the Electronic Financial Transactions Act on November 13, 2008, when it was discovered that the Defendant transferred a physical card connected to the account under the name of the Defendant with the belief that the Defendant would compel a loan when sending the physical card, etc.
【Criminal Facts】
No person shall, knowing that he/she is to be used in any electronic financial transaction, make a transaction request or lend, keep, deliver or distribute a means of access used in order to secure the authenticity and accuracy of users and the details of such transaction.
As a result of the Defendant’s lending of the means of electronic financial transactions in trust of the expression of a person who would give a loan when sending a physical card, etc., the Defendant was aware that the account in the name of the Defendant was used for the crime of Bosing fraud and was subject to criminal punishment for the crime of violating the Electronic Financial Transactions Act in the event of lending the means of electronic financial transactions to another person, the account in the name of the Defendant would have been able to be used for the criminal act. Moreover, in order to obtain “a false statement to the effect that an employee of the lending company, etc.,” the Defendant should send the physical card to the lender.
Nevertheless, on April 2018, the Defendant accepted a proposal to the effect that, by telephone, the Defendant sent a e-mail card connected to the account to be used in paying principal and interest by misrepresenting a lending adviser, and that, upon deposit of the principal and interest of each month into the account, the Defendant would have the principal and interest repaid by withdrawing it using the e-mail card.