Text
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 provided for in any other Act, no one shall lend any access medium with the promise of compensation in using and managing the electronic financial transaction access medium.
On March 24, 2018, the Defendant: (a) received a proposal from a person without his/her name to “on the face of sending a e-mail card; (b) to give a e-mail loan by accumulating performance at a bank; and (c) around March 24, 2018, around March 24, 2018, issued a e-mail card connected to the Defendant’s bank account B (C) in the name of the Defendant in the name of the Defendant before the withdrawal of the e-mail-dong, Gangnam-gu, Seoul.
As a result, the Defendant promised to return the intangible expected interest to receive future loans in return for the future and lent the access media to the name influence.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Account transfer details;
1. Details of E dialogue;
1. Details of account deposit and withdrawal transactions (A) the application of the statutes;
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 act of lending a medium of access to the reasoning of sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment since it can be used as a means of other crimes. In fact, the Defendant’s access media was used for other fraudulent crimes, thereby causing damage.
However, considering the fact that the defendant's mistake and reflects, there is no same criminal record and no more severe punishment than a fine, and other circumstances shown in the arguments of this case, such as the age, sex, environment, motive and consequence of the crime, circumstances after the crime, etc., the punishment as the order shall be determined.