beta
Text
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No person shall lend a means of access used in an electronic financial transaction while receiving, demanding or promising any consideration therefor.
Nevertheless, around October 23, 2018, the Defendant received a proposal from a person under whose name the Defendant misrepresented the staff of the Home shopping company, stating, “The Defendant would lend a e-mail card to be used for tax reduction and exemption to KRW 60 to 800,000 per day.” On or around the 24th of the same month, the Defendant sent a e-mail card connected to the national bank account (B) in the name of the Defendant at the place in the name of the Defendant’s name and lent the means of access to financial institutions by notifying the password by text messages.
Summary of Evidence
1. Application of Acts and subordinate statutes to the authenticity of the Defendant’s legal statement C and the details of entry and withdrawal transactions;
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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is not only impeding the stability of electronic financial transactions and trust, but also providing the means of other crimes, such as Bosing, etc., so it is necessary to severely punish the social harm. In fact, the means of access leased by the Defendant was used for other crimes.
On the other hand, the defendant recognized a mistake and reflects it, and there are no criminal records of the same kind.
The punishment as ordered shall be determined in consideration of various sentencing conditions, such as the defendant's age, character and conduct, environment, circumstances before and after the crime, and circumstances before and after the crime.