Text
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 used in an electronic financial transaction while receiving, demanding or promising any consideration therefor.
Nevertheless, on August 6, 2018, the Defendant: (a) received a proposal from a person who was missing in name, to provide B with a cell phone message from a person who was missing in name to a mobile phone for three days in order to use it for the reduction or exemption of taxes; (b) received it, and thereafter thereafter, sent a photograph of a passbook connected to the account in the name of the Defendant to B (Account Number: D) and notified the account password to the person who was missing in name; and (c) issued a copy of the check to the person who was missing in name through a double of 10,000 won connected to the said account from the F-based office located in Pyeongtaek-si on August 6, 2018.
Accordingly, the Defendant promised to receive compensation from the person who was not his name and lent the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement prepared by G;
1. A written petition;
1. Details of deposit transactions, etc.;
1. Application of Acts and subordinate statutes on deposit transactions;
1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (Selection of Fine) concerning the selection of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The act of lending the means of access for sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment for many cases where it is used as a means of other crimes. In fact, the unfavorable circumstances such as the fact that the means of access leased by the defendant was used as a means of fraud and the damage was caused by the use of the means of access for the crime of fraud, the recognition of the defendant's mistake and reflects it, the fact that there was no record of criminal punishment, and the fact that it seems that the defendant did not acquire the benefit of this case, shall be taken into account, taking into account all other favorable circumstances, such as the defendant'