(영문) 서울남부지방법원 2019.05.14 2019고단396



Defendant shall be punished by a fine of three million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.


Punishment of the crime

No one shall engage in any act of lending any means of access in return for promising the consideration therefor.

Nevertheless, around October 23, 2018, the Defendant received a proposal from a person who was unaware of his name, stating that “I will give KRW 900,000 per day from the date of lending the head of Tong because of tax issues,” and on the same day, the Defendant transferred a letter of check card (number: E) connected to the Defendant’s name before the Defendant’s home located in Guro-gu Seoul Building C through Kwikset Service Articles.

Accordingly, the Defendant promised to pay compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes to written confirmation of transfer results;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The act of lending the means of access on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is serious as the act of facilitating the crime such as fraud and tax evasion is serious.

In fact, the means of access in the defendant's name was used to commit fraud by a person who was not the victim of his name.

The defendant is the first offender, and is against the crime of this case.

The defendant did not have profit from the crime of this case.

In addition, the defendant's age, character and conduct, motive, background, means and consequence of the crime, the circumstances after the crime, etc., and the sentencing conditions shown in the present case and the records shall be determined as ordered.