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Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No person shall lend any access medium used for electronic financial transactions unless otherwise specifically provided for in any other Act in using and managing access medium.
On November 16, 2016, at around 13:00, the Defendant received a proposal from a person who was unable to know the name of the new company in the Nam-gu, Incheon Metropolitan City B lending Co. 202, and received a proposal from Kwikwikseter Services with a face value of KRW 3 million when lending the check card from a person who was unable to know the name of the new company in the Kwikseter Co., Ltd., and lent the check of Defendant’s name to the Kwikseter Services with a face value of KRW 3 million.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of remittance details, financial transaction replies (A), and financial transaction details legislation;
1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The act of lending the physical card or password for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is highly likely to be used for singing, singing, etc.
Nevertheless, in accordance with the interests of the Defendant, the Defendant committed the instant crime, and as a result, the access media leased by the Defendant was used for the phishing crime, resulting in the victim.
However, the defendant recognized his mistake and reflected his mistake.
The defendant has only been sentenced to a fine once.
There is no profit actually earned by the defendant.
In consideration of such circumstances, the punishment as the order shall be determined by selecting a fine.