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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
No person shall borrow or lend a means of access to an electronic financial transaction, or keep, deliver or distribute the means of access in receiving, requesting or promising any compensation.
Nevertheless, on November 16, 2017, the Defendant consented to the proposal of a person who has no name (the name “B”), and received 6 million won in total at the time of issuance of a passbook connected to the D (F) account in the name of the D bank located in Seongdong-gu Seoul Metropolitan Government and issued a e-mail card, an OTP card connected to the said account. On the front of the said D bank, the Defendant issued the above passbook, e-mail card, and an OTP card to the person who has no name, and received 1 million won in total at the above e-mail from the person who has no name, and received 6 million won in total at the above e-mail.
As a result, the Defendant lent the passbook, e-mail card, and OTP card, which is the means of electronic financial transactions, while receiving compensation.
Summary of Evidence
1. Defendant's legal statement;
1. G statements;
1. A report on internal investigation:
1. Application of Acts and subordinate statutes to documents to be submitted, each receipt number of which is 2019-4387, 4759, 5032, 5243, 5308, 5390, 5962, 677, and 9212;
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 reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is that the lending of the means of access for electronic financial transactions can be used as a means of other crimes, and thus, the nature of the crime is not weak, and in fact, the means of access leased by the defendant is used as a fraud.
However, there is no particular criminal punishment other than once a fine due to drinking driving, and the defendant's age, character and behavior, environment, motive and consequence of the crime, after the crime is committed.