Text
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
Except as otherwise expressly provided for in other Acts, no person shall lend an access medium with his/her promise to use and manage the access medium.
Nevertheless, on January 2, 2018, the Defendant: (a) received a proposal from a person in a name in the name of the company to “be exempted from taxes in the liquor company; (b) KRW 2,100,000,000 per day of lending an account; and (c) lent Kwikset service article via Kwikset service article, one copy of the physical card connected to the Saemaul Savings Bank’s name to the name in the name of the Defendant’s Saemaul Savings Bank’s name, which is used in the electronic financial transaction.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes to a certificate of confirmation of transfer and report on request for financial transaction information;
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 sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and the circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, shall be determined as ordered by taking into account the following circumstances:
Unfavorable circumstances: The access media that the Defendant lent was used to commit fraud (phishing).
The favorable circumstances: The mistake is recognized and reflected.
It seems that there is no benefit gained by the defendant in reality.
The defendant has no record of the same crime.