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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
In using and managing a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access while receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act, or lend or lend a means of access with the knowledge that it will be used for a crime, or keep, deliver or distribute a means of access.
Nevertheless, on November 11, 2019, the Defendant received a letter from a person who is not the name of the party and consulted that “to lend a low interest rate.” As a result, the Defendant accepted the letter and received a proposal that “to make it possible to grant a loan by setting up a deposit and withdrawal record that is linked to the bank account in the name of the party and raising credit rating.” On November 13, 2019, the Defendant sent one check card that is linked to the bank account in the name of the defendant to the person who is the name of the party, via Kwikset-si B through Kwikset-si Services.
Accordingly, the Defendant promised to provide an intangible benefit that can receive a loan with knowledge of being used for a crime, such as “work loan,” and lent the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. The details of complaints and transfers of D, and the application of Acts and subordinate statutes on the correspondence of warrants;
1. Article 49 (4) 2, and Article 6 (3) 2 and 3 of the Electronic Financial Transactions Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative fine for punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Consideration of sentencing of Article 334(1) of the Criminal Procedure Act, including the fact that the means of access leased by the defendant for the reason of sentencing under Article 334(1) has been used for the singinging crime, and that the defendant has a record of being