Text
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
Except as otherwise provided for in other Acts, no one shall lend any access medium with the receipt, request or promise of compensation in using and managing the access medium.
Nevertheless, the defendant, on January 11, 2018, is an employee of the Howon Company (the State), who is a logistics company, from a person who is not named in the name of the defendant. The defendant collected the settlement of cash of the customer to another person's account and arranged the upper limit of sales.
It is intended to use the check card for a period of two weeks on the face of lending it, and 3 million won on the face of it.
“On the same day under the contact, the Cock Card was sent through Kwikset’s Services to the Saemaul Depository Account (C) in the name of the Defendant on the nearby apartment site in Yangcheon-gu Seoul Metropolitan Government on the same day, and the password was sent to Kwikset and promised to receive KRW 3 million in return.
As a result, the defendant promised to receive compensation and lent the approaching media.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Return on financial transaction information related to A;
1. The details of transactions of the verification certificate and the accounts of the Saemaul Treasury;
1. Application of the Acts and subordinate statutes to photograph photographs, text records, and the Kakao Stockholm conversation by capturing the Kakao Stockholm;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of an alternative fine for punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The act of lending an electronic financial transaction access medium with the promise of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment in light of the following: (a) it would undermine the stability and reliability of the electronic financial transaction; and (b) its access medium may be abused for other crimes, such as singinginging fraud; (c) the fact that the victim of the fraudulent crime was generated through the access medium leased by the Defendant; and (d) the fact that the name was presented by the non-person.