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
No one shall lend any access medium while receiving, demanding, or promising to receive compensation in using or managing the access medium.
Nevertheless, on January 10, 2018, the Defendant promised to receive KRW 2,100,000 from a person whose name is unknown, to receive KRW 2,100,000 from an account for three days in a bank account (Account Number: C) in the name of the Defendant, and sent one physical card, which is an access medium to the bank account (Account Number) in the name of the Defendant, to a person whose name is unknown, using the phone, and notified the password via the Kakao Stockholm.
Accordingly, the Defendant promised to pay the price, and lent the approaching media.
Summary of Evidence
1. Application of Acts and subordinate statutes of the police's statement transfer certificate, search and seizure verification warrant and reply letter (KEB only Bank) to the defendant's legal statement D;
1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The act of lending the Defendant’s normal electronic financial transaction access media that is disadvantageous to the Defendant with the reason for sentencing under Article 334(1) of the Criminal Procedure Act is not only a crime that not only undermines the trust in electronic financial transactions, but also causes damage to a large number of victims by using the leased access media in a criminal act such as telephone finance fraud.
The Defendant knowingly lent access media with knowledge that they will be used for illegal use (e.g., escape).
The defendant's leased access media has actually been abused in criminal acts and has caused damage.
Recognizing and opposing the normal mistake favorable to the defendant.
There is no profit acquired by crime.
There is no criminal record of the same kind.
In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, etc., shall be comprehensively determined as per the disposition.