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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
In using and managing the means of electronic financial transactions, no one may lend the means of access while promising any consideration, unless otherwise specifically provided for in any other Act.
On January 12, 2019, the Defendant received a proposal to the effect that “When sending a e-mail card connected to the account, the Defendant will confirm the account and will loan up to 6 million won.” On the same day, the Defendant sent a copy of the e-mail card connected to the company bank account (D) in the name of the Defendant in front of the Kwikset Services Co., Ltd. in front of the Kwikset Services Co., Ltd. in the same day.
As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access to a person who is not his/her name.
Summary of Evidence
1. Defendant's legal statement;
1. E’s written petition;
1. Notification of data on current status of financial transactions and application of Acts and subordinate statutes on account transactions;
1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act that is disadvantageous to the sentencing of the provisional payment order: The lending of the means of electronic financial transactions can be abused as a means of other crimes as well as impairing the safety and trust of financial transactions.
The card lent by the defendant was used for the actual fraud crime.
The favorable circumstances: The defendant seems to have no benefit from the crime of this case.
There is no criminal record against the defendant.
Other circumstances, such as the age, character and conduct, environment, details of the crime, and circumstances after the crime, shall be determined as per the order.