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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 any access medium with a promise to pay for the use and management of the access medium.
Nevertheless, on September 2017, the Defendant promised to receive KRW 700,000 per day of the physical card from a person who is in non-name, from his office located in the Namdong-gu Incheon, Nam-gu, Incheon, to receive KRW 700,000 per day of the physical card, and transferred the physical card to the Agricultural Cooperative (D) account in the name of the Defendant.
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 on transaction statements and financial transaction reply data;
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 Defendant’s crime of sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the sentencing of the provisional payment order is a lending of an access medium with a promise to pay. Such a crime may not only disrupt the reliability and safety of electronic financial transactions, but also be abused as a means of crime using an access medium. Therefore, there is a need for punishment.
The access media lent by the defendant seems to have been used in the phishing fraud crime, which iced the loan.
The defendant has a past record of criminal punishment on three occasions, including one suspended sentence and one suspended sentence.
In particular, the Defendant was subject to the suspension of indictment twice due to the suspicion of violating the Electronic Financial Transactions Act due to the lending and transfer of the access medium in 2011, and thus, the Defendant appears to have been fully aware of the illegality of the access medium lending. However, the Defendant committed the instant crime, so there is considerable possibility of criticism.
However, the defendant makes a statement to the effect that this court recognizes and reflects a crime.
The Defendant directly participated in the crime of Bosing fraud.
3.2.