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Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On August 14, 2019, no one promised to use the means of access for electronic financial transactions and is allowed to lend the means of access, but the defendant received a proposal from a person who has no personal name and consented to lending KRW 10,000,000,000 from the victim of his/her name. On August 16, 2019, the defendant sent a physical check card connected to the account of the defendant in the name of the defendant in the front of the Kimhae-si, Kimhae-si, Kim Jong-si, Kwikset-si, through Kwikset-si service, and informed the person who has no personal name.
As a result, the Defendant promised to receive a loan and lent the means of access to electronic financial transactions.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. The details of the Kakao Stockholm dialogue and the application of the Acts and subordinate statutes on financial correspondence data;
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. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following circumstances: (a) the Defendant’s age, character and conduct, the substance and circumstances of the instant crime, and the circumstances after the commission of the crime, as set forth in the order.
The act of lending means of access is not only detrimental to the safety and reliability of electronic financial transactions, but also it is necessary to strictly cope with the risk of massing a large number of victims because it is used for other crimes.
The means of access leased by the accused was actually used for the fraud crime.
A favorable circumstance: The Defendant recognized the instant crime and did not repeat the same mistake.
The Defendant returned the amount of damage he used to the victim and agreed with the victim.
The defendant has no criminal power except the suspension of indictment (influence of injury).