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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 one may lend a means of access while receiving, demanding or promising any compensation for the use and management of the means of access.
Nevertheless, around March 25, 2019, the Defendant received a proposal that “C” located in Nam-gu Incheon Metropolitan City, Seoul, requires a physical card to be used for the reduction or exemption of taxes of alcoholic beverage companies,” from a person who has failed to pay the 700,000 won from his/her name,” and accordingly, sent to the Defendant’s name account (Account Number E), F Bank account (G), and H Bank account (I), three copies of the e-mail card, each connected to each of the e-mail account.
Accordingly, the Defendant promised to receive compensation and lent the means of access to others.
Summary of Evidence
1. Defendant's legal statement;
1. Written Statement;
1. Application of Acts and subordinate statutes to the certificate of transfer of 20,744,00 won, transport certificate, and account transaction statement;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative fine for punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is committed on the grounds of sentencing, and the defendant was paid the price and lent the check card to his name-disadvantaged. The crime of this case is highly likely to be used for other crimes with great social harm, such as scaming, etc., and its nature is not high.
In fact, the physical card lent by the defendant was used for fraud crime.
However, it shows the appearance that the defendant leads to the confession of the crime and reflects the mistake.
The defendant does not seem to have actually received any consideration.
The Defendant had no record of criminal punishment for the same crime before the instant case.
In the above circumstances, the defendant's character, family relation, family environment, motive and means of committing the crime.