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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 person shall borrow or lend a means of access in receiving, demanding or promising any compensation.
Nevertheless, on January 1, 2019, the Defendant issued a proposal that “it is necessary to use the cream card in the name of another person in order to reduce or exempt taxes. When lending ck cards, 3 days and 270,000,000 won should be paid.” The Defendant sent the cke card connected to the bank account in the name of the Defendant using the b bank account in the name of the Defendant, and sent the identification number of the card to the sckes.
Accordingly, the Defendant promised to pay compensation and lent the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. Details of the transfer of victims;
1. Application of the Acts and subordinate statutes on response financial data;
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 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The following grounds for sentencing under Article 334(1) of the Criminal Procedure Act are the circumstances unfavorable to the defendant.
The Defendant’s act of lending the means of access to another person, like the instant crime, needs to be strictly punished inasmuch as it can be used as other means of crime, such as singishing.
In this case, the means of access lent by the defendant was used for the crime of Bophishing fraud, causing damage.
On the other hand, the fact that the defendant acknowledges and reflects the crime, and that the defendant does not have any record of punishment for the same kind of crime is favorable.
In addition, the punishment shall be determined as ordered in consideration of the various sentencing conditions shown in the records and arguments of this case, such as the age, character and conduct, environment, circumstances after the crime, and circumstances after the crime.