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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.
On August 17, 2017, the Defendant: (a) on August 17, 2017, he/she can do so by anyone without any document if only he/she causes money.
“To receive the word “B” and call to a nameless person and offer KRW 300,000 per month of each account if the account to be used when the customer withdraws the money he/she has received.
“After receiving and consenting to the proposal, at the 18th day of the same month, the account holder of the name in the Gyeongsan-si parking lot in the Gyeongsan-si, Busan-si, the company took the account via Kwikset service articles connected to the name of the defendant’s bank account (Account Number: D).
Accordingly, the defendant lent the access media in return for the promise of compensation.
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, such as transaction details;
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 crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order Act can be abused as a means of other crimes as well as impairing the safety and trust of financial transactions. In light of the fact that the Cze Card leased by the Defendant was used for actual fraud, it is necessary to strictly punish the Defendant.
On the other hand, it is reasonable to consider the fact that the account related to the check card lent by the defendant was suspended and the actual damage was not incurred, that the defendant's mistake is against the defendant, and that there is no criminal record.
In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, sex, etc. of the accused, shall be determined as per the order.