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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
No one shall lend a means of access while demanding, demanding or promising the compensation for the use and management of the means of access.
On May 9, 2019, the Defendant, on the Internet, received a proposal that “B” from a person who has become aware of ‘B’ search and to send a physical card to be used for futures trading, will pay KRW 1 million after using the card per 3 days,” and accepted it. On May 10, 2019, the Defendant sent a physical card connected to the Defendant’s new bank account (Account Number: D) in the vicinity of his/her residence in Michuhol-gu Incheon, Michuhol-gu, Incheon, by setting up one copy of the physical card connected to the Defendant’s new bank account (Account Number).
Accordingly, the Defendant promised to receive compensation and lent the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of the Acts and subordinate statutes on response data of financial institutions (13 pages of investigation records);
1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The act of lending a normal means of access that is disadvantageous to the reason for sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment since such act is serious as the act of serving as a means of another crime such as tax evasion and fraud.
In fact, the means of access in the name of the accused was used for the fraud.
A favorable normal defendant recognizes and reflects a crime.
There is no record that the defendant was punished for the same crime.
In addition, the punishment as ordered shall be determined in consideration of the age, character, conduct and environment of the defendant, motive, means and result of the crime, the circumstances after the crime was committed, etc.