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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
Except as otherwise expressly provided for in any other Act, no person shall transfer or request or promise to provide for compensation in the use and management of a means of access under the Electronic Financial Transactions Act.
Nevertheless, on October 1, 2018, the Defendant: (a) received a proposal from a person under whose name the Defendant misrepresented B Bank C agency to open a Masp passbook, he/she must accumulate the transaction performance; and (b) received a proposal that “the delivery of the Masp passbook is necessary when he/she accumulated the transaction performance; and (c) received the proposal that “the Masp
4. At around 12:30, the post office sent one copy of the IBK Enterprise Bank Card (Consolidated Account Number: D) in the name of the Defendant to the above person in the name of the Defendant at home and lent the means of access to which the personal identification was given and promised to receive the price.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Receipt of a report on internal investigation (financial data);
1. Application of Acts and subordinate statutes on a petition;
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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order can be used as the means of access for electronic financial transactions, and in this case, the defendant's criminal liability is not weak in that the means of access leased by the defendant was used for the Bosing crime.
However, in full view of the following circumstances: (a) the Defendant recognized his mistake and reflects; (b) the actual benefit acquired by the instant crime appears to exist; (c) the primary offender is the Defendant’s age, character and behavior; (d) the background and background of lending the means of access; and (e) the motive and background of lending the means of access; and (e) the circumstances after the crime, etc.