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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
In using and managing the means of access for electronic financial transactions, no one shall promise to receive any consideration, unless otherwise specifically provided for in any other Act, lend the means of access.
Nevertheless, on June 13, 2017, the Defendant received the proposal that “The Defendant will offer KRW 300,000,000 if the account is lent in order to reduce the amount of tax for a liquor company.” On the same day, around 11:00 of the same day, he issued a physical card No. 1 connected to the Defendant’s name to Kwikset Service Articles, and notified the password of the physical card No. 30,000.
As a result, it promised to receive compensation from the defendant and lent the means of access to the name partner.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes concerning customer basic information inquiry;
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 that the Defendant lent was used for telephone financial fraud, such as remittance of KRW 3 million to the connected account and withdrawal of KRW 1.49 million.
However, the number of means of access leased by the defendant is limited to one, and the defendant shall not make profits from the crime of this case.
Some damage is likely to be recovered because part of the money deposited in the account with telephone financial fraud is not withdrawn by suspension of payment.
The defendant is the first offender.
In full view of the above circumstances, the punishment as ordered shall be determined as above.