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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while receiving, demanding or promising to receive, demand or promise to use or manage the access medium.
On January 5, 2016, the Defendant received a mobile phone text message stating that “the payment of KRW 2,400,000 per month of the terms and conditions of the account” from a person under whose name the Defendant was working in Mapo-gu Seoul, Mapo-gu, and the first floor was issued to the person under whose name the Defendant was named, through Kwikset’s service, with an access medium connected to the Defendant’s name bank account (F).
As a result, the Defendant promised to pay for, lent the electronic financial transaction access media.
Summary of Evidence
1. Statement by the defendant in court;
1. The written statement of the defendant;
1. Statement of the police statement related to G;
1. A written petition for the G production;
1. Details of transactions, personal financial transaction (the bank account in the name of theG);
1. Search and seizure warrant, replys and personal information;
1. Application of Acts and subordinate statutes on the transactions of deposits and withdrawals;
1. Relevant Article of the Act and Articles 49 (4) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions through which criminal facts are subject to the option of punishment (the point of lending access media and the selection of fines);
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The crime of this case is not deemed to have been transferred to the so-called phishing crime or the access media that can be used in online fraud crimes.
In that the defendant's access media, such as the physical card, transferred by the defendant, actually used for the crime of fraud, the case is less severe in terms of damage.
shall not be deemed to exist.
The favorable circumstances: The defendant recognized his mistake and has no record of punishment against the defendant.
The Defendant appears to have not acquired any specific consideration due to the instant crime.
The defendant is the defendant.