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Defendant shall be punished by a fine of three million won.
Where a defendant fails to pay a fine, one hundred thousand won shall be the day.
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.
On July 3, 2018, the Defendant received a proposal from his name in order to offer a lending fee if he lends a physical card that requires another person's account to reduce taxes. On July 3, 2018, the Defendant delivered a physical card that is linked to the deposit account (D) in the name of the Defendant at the front of the Geumcheon-gu Seoul building, Geumcheon-gu Seoul Metropolitan Government, using Kwikset Service.
As a result, the Defendant promised to receive compensation from a person with no name, and lent the means of access used in electronic financial transactions.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. Application of Acts and subordinate statutes on deposit details and F dialogues;
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. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act: The act of lending the means of access is a crime that has a substantial ripple effect on the grounds that it can be used for such crimes as tax evasion, gambling, and scaming.
In fact, the personal card lent by the defendant was used to commit fraud and the damage was caused.
A favorable circumstances: The defendant reflects a crime and has no record of criminal punishment, except for punishment once imposed on another crime.
There seems to be no benefit acquired from the crime of this case.
As above, in full view of the circumstances and the age, character and conduct, motive and background, means and consequence of the crime, the circumstances after the crime, etc. of this case and the sentencing conditions indicated in the records, the punishment as ordered shall be determined.