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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
No person shall borrow or lend any access medium used in electronic financial transactions while receiving, demanding or promising the price therefor.
Nevertheless, on December 25, 2017, the Defendant would pay 1.5 million won first on the face of the loan of 3-day physical card from a person who was in the name of the defendant, and additionally pay 1.5 million won after the use.
“In receipt of the proposal, I accepted it, and then sent 1,50,000 won deposited to the above account on December 27, 2017, through Kwikset Service Articles at D Hospital E Hospital located in Incheon, Incheon, Kwikset Bank, via Kwikset Service Articles, to the above bearers, and notified the above bearers of the password to the above bearers, and received it in return.
Accordingly, the defendant received compensation and lent the approaching media.
Summary of Evidence
1. Statement by the defendant in court;
1. (A) Application of the warrant answer details to the statute;
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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the lending of electronic financial transaction access media is highly likely to cause secondary damage, such as fraud, by abusing it for crime.
In fact, the account linked to the access media lent by the defendant was used for the telephone financing fraud.
On May 18, 2016, the Defendant was sentenced to one year and six months of imprisonment for fraud, etc. at the Seoul Western District Court (Seoul Western District Court) and completed the enforcement of the sentence on August 16, 2017, and committed the instant crime during the period of repeated crime.
The defendant withdrawn the money directly deposited to receive the consideration.
However, the number of access media leased by the defendant was limited to one, and the defendant has no same criminal record.
The defendant's current alcohol dependence, alcohol disorder, and inorganic evidence.