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Defendant shall be punished by a fine of two million won.
Where a defendant fails to pay a fine, one hundred thousand won shall be the day.
Reasons
Punishment of the crime
In using and managing the means of access to electronic financial transactions, no one shall borrow or lend a means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.
On November 27, 2018, the Defendant listened to the statement that “the Defendant would pay KRW 3 million when one account is lent,” and around November 27, 2018, on the front side of the C Bank located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, the Defendant issued Kwikset Service’s name and password to the above bearer.
Accordingly, the defendant agreed to receive compensation and lent the means of access to electronic financial transactions.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Application of Acts and subordinate statutes on the results of electronic financial transfer, details of account (36 pages of evidence);
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 act of lending the means of access on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is serious as the act of facilitating the crime such as fraud and tax evasion is serious.
In fact, the means of access in the defendant's name was used to commit fraud by a person who was not the victim of his name.
However, the defendant is the first offender and is against the crime.
The defendant did not have profit from the crime of this case.
In addition, the defendant's age, character and conduct, motive, background, means and consequence of the crime, the circumstances after the crime, etc., and the sentencing conditions shown in the present case and the records shall be determined as ordered.