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.
On March 30, 2018, the Defendant received the proposal that “If another person’s account needs to be lent for tax reduction or exemption for a day, 3 million won will be paid in return for the lending of the physical card to another person’s account.” On the same day, the Defendant sent the above physical card to the name in a way that the Defendant puts a physical card connected with the Defendant’s bank deposit account (E) in his/her name in his/her dwelling in the Gangseo-gu Seoul building and the Defendant’s dwelling in the Gangseo-gu Seoul Metropolitan Government building and the Defendant’s dwelling in the name of the Defendant.
As a result, the Defendant promised to receive compensation from a person with no name, and lent the means of access used in electronic financial transactions.
Summary of Evidence
1. Defendant's legal statement;
1. Each written statement of F, G and H;
1. A list of the details of transactions of admission and withdrawal;
1. Application of the Acts and subordinate statutes on dialogue between a suspect and a person in poor name;
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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The act of lending the means of access may be used for various crimes, such as tax evasion, gambling, springing, fraud, etc.; circumstances that are favorable to the defendant's actual use of the check card that the defendant lent in the crime of fraud: The defendant reflects the crime; the defendant has no record of criminal punishment; the defendant seems to have no profit acquired by the crime of this case; and the defendant appears to have no profit acquired by the crime of this case, as above, the sentence shall be determined by taking into account all the conditions for sentencing specified in the arguments and the records of this case, including the circumstances that the defendant was not able to pay, gambling, environment, motive, means and consequence of the crime.