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Defendant shall be punished by a fine of KRW 10 million.
If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.
Reasons
Punishment of the crime
No person shall, with respect to the use and management of a means of access, borrow or lend a means of access or store, deliver or distribute a means of access with the knowledge that such means are to be used for a crime or to be used for a crime.
Nevertheless, around July 16, 2018, the Defendant received a proposal from a name-free person who misrepresented B Bank employees to the effect that “if you send a e-mail card, you will get loans by raising the credit rating by repeatedly creating transaction performance, and then return the e-mail card.” On July 24, 2018, the Defendant sent one copy of the e-mail card connected to the name-free person’s account in the name of the Defendant’s E-cooperative (Account Number:F) by using the e-mail service at the Do-based Da-based store located in Da-si, Da-si, 2018.
Accordingly, the Defendant knowingly lent the means of access used in electronic financial transactions.
Summary of Evidence
1. Defendant's legal statement;
1. G statements;
1. Application of Acts and subordinate statutes to a written confirmation of electronic financial transfer;
1. Relevant Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning criminal facts, the selection of punishment, and the selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the lending of the means of access is a means of fraud in various scams and electronic commerce.
It is not easy to arrest a person who actually committed an electronic commerce fraud, so it is necessary to strictly punish the means of access.
In the case of defendant, it is doubtful whether it is more effective to repeatedly punish the defendant, even though the means of access was prior to suspension of execution due to the lending of the means of access in the past.
Considering all these circumstances, the defendant will be sentenced to a maximum amount of fine only once.