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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 one shall borrow or lend a means of access, or keep, deliver or distribute a means of electronic financial transactions in receiving, demanding or promising any compensation therefor.
On September 17, 2018, the Defendant, through a phone call, sent 3 million won to a person who was unaware of his/her name, so that he/she could use the physical card from his/her name who was misrepresented by a logistics company. On September 17, 2018, the Defendant sent her name card to a person who was unaware of his/her name by using Kwikset’s bank account (E) in the vicinity of his/her residence located in Nam-gu Incheon Metropolitan City, Nam-gu B.
Accordingly, the Defendant promised to pay compensation and lent the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol regarding C;
1. Application of the F’s reply to a request for the provision of financial transaction information (No. 13) to the F’s written statement;
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 instant crime on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is an act that facilitates various crimes, such as the so-called “wishing” crime using the means of access in the name of another person, and that the Defendant’s criminal act is not exceptionally liable in light of social harm.
In fact, considering that the means of access lent by the accused was used for the crime of fraud and the victim was inflicted, the defendant cannot be held liable for criminal liability corresponding thereto.
However, the defendant made a confession of the crime against his wrongness.
The Defendant does not seem to have obtained economic benefits from the instant crime.
These circumstances, the age, character and conduct of the defendant, motive, means and result of the crime.