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Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No person shall lend or borrow any electronic financial transaction access medium to another person, in return for receiving or promising to receive such consideration.
Nevertheless, on April 7, 2017, the defendant is an employee of an alcoholic beverage company and requires a borrowed account due to tax issues.
It shall be used and returned only at the time of lending the account, and in return, three million won shall be paid in return.
“After receiving and consenting to the proposal to the purport, at the convenience store C located in Dong-gu Incheon Metropolitan City, at around 16:00 on the 11th of the same month, one physical card connected to the Defendant’s bank account (D) from the Defendant’s name was sent to the above person without his name, and the password was added.
Accordingly, the defendant agreed to receive compensation and lent the approaching media.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes to a detailed statement of entry and departure transactions and a statement of financial transactions;
1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act appears to have been used for the phishing crime, the remittance of the remitted damage amount to the account in its own name or the withdrawal of the transferred damage amount, the fact that there was a past record of the suspension of indictment due to fraud, etc. shall be considered as favorable circumstances, and the punishment as ordered shall be determined by taking into account the favorable circumstances, such as the defendant’s age, sex, environment, motive and circumstance, and circumstances after the crime.