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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
No person shall borrow or lend any access medium, or store, deliver or distribute it while receiving, demanding or promising to receive any consideration.
Nevertheless, from the end of July 2017 to August 2017 of the same year, the Defendant received 800,000 won under the condition that he lent the cream card for one month in front of the Defendant’s residence in Nam-gu, Incheon, and, through Kwikset Service Articles, lent a financial institution’s access medium with a promise to provide the account number and password connected to the community credit cooperative account in the name of the Defendant to the nameless person through Kwikset Service provider, and to notify him of the account number and password to the community credit cooperative account in the name of the Defendant.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. Application of a search and seizure inspection warrant (2017-3267) reply statute;
1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the lending of electronic financial transaction access media is highly likely to cause secondary damage, such as fraud, by abusing it for crime.
In this case, the account connected to the access media was actually used for licensing.
However, it is against the confession of the defendant, and there is no record of punishment for the same kind of crime.
In light of the aforementioned circumstances, the punishment as ordered shall be determined by comprehensively taking into account various circumstances, such as the motive, background, means, and consequence of the instant crime, frequency of the crime, age, criminal defendant's age, sexual conduct, environment, criminal record, and circumstances after the crime.