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Defendant shall be punished by a fine of two 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 a means of access, or keep, deliver or distribute a means of access, knowing that he/she is to be used for a crime or to be used in such crime.
On June 4, 2019, the Defendant was offered a proposal to “a loan up to KRW 30 million at the interest rate of 7.8%” from a person who assumes the “B Company C director,” and “a loan will be made by creating a transaction performance if he/she lacks credit scores.”
On April 2018, the Defendant was aware that, in order to obtain a loan from a police officer on early April 2018, the Defendant transferred one check card connected to the Defendant’s bank account under the name of the Defendant, and that the account was under investigation by the police on the wind used for the Defendant of Bosing. Therefore, the Defendant was aware that it would be used for the Defendant’s criminal act, such as Bosing, if the Defendant transferred the means of access, such as the account number or physical card, without permission, so that it can be used for the deposited purpose.
Nevertheless, the Defendant, as seen above, accepted the proposal of the Buddhist Co., Ltd., who misrepresented the “B Company C director,” and then sent one physical card connected to the Defendant’s name G Bank account (Account Number:H) around June 19, 2019, around the F Bank Head Office, Busan, Swikset-gu, Busan, Swikset-si, through Kwikset Service Articles.
Accordingly, the Defendant knowingly lent the means of access to the crime.
Summary of Evidence
1. Defendant's legal statement;
1. A report on damage to I;
1. References to the remittance receipt, the statement of the results of the transfer processing, the telephone conversations, the contents of the Kakao Stockholm, and the application of the Acts and subordinate statutes on the investigation report
1. Relevant Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning criminal facts, the selection of punishment, and the selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;