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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, in using and managing a means of access, borrow or lend the means of access while receiving, demanding or promising any compensation therefor.
Nevertheless, on October 15, 2018, the Defendant received a proposal that “If he/she lends a e-mail card to a liquor distribution company, he/she will use it for 3 days for the purpose of tax reduction and exemption, and pay 2.2 million won per card.” On October 15, 2018, the Defendant sent a e-mail card connected to the Defendant’s name bank account (E) and a e-mail card connected to the Defendant’s name bank account (F) to Kwikset Service news.
Accordingly, the Defendant promised to provide compensation and lent the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement of the G production;
1. Application of Acts and subordinate statutes on the remittance of money from damage, and details of each account transaction;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative fine for punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is committed under the circumstances unfavorable to the defendant, since the defendant was promised to pay the price and lent two physical cards connected to his bank account to another person. The means of access provided in such a manner is highly likely to be abused for fraud, such as Bosing, etc. against many and unspecified persons, and the crime is not less than the nature of the crime, and the actual use of the bank account in the crime causes property damage exceeding four million won.
However, the fact that the defendant recognized the crime of this case and reflected, there is no profit from the crime of this case, and it seems that it would be easy to recover damage by being suspended from the above bank account before the source of damage was withdrawn.