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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
In using and managing the means of electronic financial transactions, no one may lend the means of access while promising any consideration, unless otherwise specifically provided for in any other Act.
On November 29, 2018, the Defendant: (a) received a proposal from a person without a personal name, stating that he/she will get loans by accumulating the transaction performance repeatedly when sending a physical card; (b) around November 29, 2018, the Defendant sent the physical card connected to the bank account (E) in the name of the Defendant in front of the C High School located in Seosan-si B, Seosan-si, by delivering it to Kwikset service article.
Accordingly, the Defendant promised to obtain intangible expectation interest that can be received future loans through the details of transactions of deposit and withdrawal to lend the means of access to a person who is not his/her name.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. A petition and a statement of remittance;
1. Application of Acts and subordinate statutes to a search and seizure warrant or reply;
1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (Selection of Fine) concerning the selection of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing in the instant case requires strict punishment for many cases where the Defendant used it as a means of other crimes. In fact, there are unfavorable circumstances such as the fact that the means of access leased by the Defendant was used as a means of fraud and that damage was inflicted upon the Defendant, and favorable circumstances such as recognizing and opposing the Defendant’s mistake, the primary offender, and the fact that it appears that the Defendant did not acquire the benefit of the instant case. In addition, the sentencing conditions indicated in the records, such as the Defendant’s age, character and behavior, environment, details of the crime, and circumstances after the crime, shall