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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 access, no one shall acquire or lend the means of access by transferring or taking over, demanding or promising to receive any compensation unless otherwise specifically provided for in any other Act.
Nevertheless, around February 18, 2019, the Defendant reported the text message of “account recruitment”, which was made on the Defendant’s mobile phone at Daegu and below Daegu, and made a proposal to “to invite an account to reduce the value-added tax of alcoholic beverages business. If the Defendant borrowed the account, he/she accepted the proposal that “I will give KRW 2,00,000,000 from the date of the use of the account,” and then delivered one physical card linked to the B bank account under the name of the Defendant to “E (F)” (hereinafter referred to as “C”).
Accordingly, the defendant agreed to receive compensation and lent one physical card, which is a means of access.
Summary of Evidence
1. Defendant's legal statement;
1. G statements;
1. Application of Acts and subordinate statutes to the details of transfer, the details of dialogue, the details of account recruitment, the books of account recruitment, the advertisement letters, and the conversation between A and
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. Since the crime related to the means of access with the reason for sentencing under Article 334(1) of the Criminal Procedure Act can be abused as a means of other crimes, it is necessary to strictly punish the means of access, and the fact that the means of access in this case was actually used for other crimes are disadvantageous to the defendant.
On the other hand, it is favorable to the defendant that the defendant does not repeat the crime while recognizing and reflecting his mistake, that it is the first offender, and that it is difficult to take economic conditions.
In full view of all other circumstances, such as the circumstances of crimes, circumstances after crimes, and the prosecutor's life sentence, it is decided as per Disposition.