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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
No person shall borrow or lend any access medium for electronic financial transactions while receiving, demanding or promising such consideration.
On June 2016, the Defendant received a request from a person called "C" that he/she became aware of while performing daily labor in the studio village located in Kimhae-si B, to lend his/her account, and to receive compensation of KRW 200,000 through KRW 300,000 per month, and to notify the account number and password of the Saemaul Treasury Account (Account Number: D) in the name of the Defendant, and to transfer the Internet banking certification certificate stored in the USB.
Around August 2016, the Defendant continued to receive a request from a person referred to as above C to “a request to lend an account because he/she would add his/her internal gender,” and the Defendant notified the account number and password of the national bank account (Account Number: E) in the name of the Defendant, and made it possible to use the Internet banking by means of an official certificate that transferred the above.
The Defendant agreed to pay for such consideration and lent a certificate, password, etc. for electronic financial transactions.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to the details of accounts of Saemaul Savings Depository and investigation reports (Attachment of the details of accounts of the suspect's national bank);
1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning the relevant criminal facts and the selection of a fine for the option of punishment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. In the event that an electronic financial transaction access medium on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is leased, it is necessary to strictly punish such medium, as it may not only impair the credibility of the safety performance of the electronic financial transaction, but also be abused for other crimes, such as Bosing, etc. In fact, the Defendant’s leased electronic financial transaction access medium appears to have been used for a loan fraud crime is disadvantageous circumstances.
However, the defendant.