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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
No person shall lend a means of access in the course of receiving, demanding or promising any compensation.
On November 29, 2019, the Defendant agreed to receive a loan of up to KRW 100,000 from the Defendant’s residence located in Pakistan, and delivered the physical card and password connected to the Nonghyup Bank account (C) in the name of the Defendant through Kwikset Service.
As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access to a person who is not his/her name.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Application of Acts and subordinate statutes on account transactions;
1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. As the means of access that has leased the reason for sentencing under Article 62(1) of the Criminal Act (a favorable consideration of the reasons for sentencing below) is ordinarily used in criminal acts, such as scam, and causes a good victim, there is a great need to punish the act of lending means of access.
The means of access lent by the defendant was actually used for the actual crime and the victim occurred.
However, the execution of a sentence shall be postponed considering favorable circumstances, such as the fact that the defendant seems to have no profit from the crime of this case, the fact that the defendant would also lead to the crime of this case, the fact that there is room for somewhat considering that the motive of the crime is to support his family, such as the preparation of treatment medicine for minor children suffering from the brain sewage function decline and the intellectual disability, the fact that the defendant recognizes his criminal facts, and the fact that there is no other criminal records other than the punishment of a double fine of KRW 500,000,000 prior to the ten-year period, etc.
In addition, the defendant's age, occupation, character and conduct, environment, family relationship, etc.