Text
Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
No person shall borrow or lend a means of access in receiving, demanding or promising any compensation.
Nevertheless, the Defendant received a proposal from a name-free person to grant three million won after the use of the physical card per three days on the face of each week from the name-free person, and in return, promised to lend the physical card under the name of the Defendant to the third party. On October 30, 2018, the Defendant lent the means of access by way of sending one copy of the bank account under the name of the Defendant (E) to the name-free person in front of the Bupyeong-gu Incheon Metropolitan City B apartment C.
Summary of Evidence
1. Defendant's legal statement;
1. The document of F;
1. Application of the detailed statement of the transfer of amount of damage, materials for response to financial institutions, and G text statutes;
1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The Defendant’s cream card leased was used for the scaming crime, thereby causing considerable damage to KRW 4 million.
The favorable circumstances: Recognizing the crime, it is against the law.
It is the first crime.
The number of means of access leased is only one.
There is no profit actually acquired due to the crime of this case.
Other conditions of sentencing, such as the age, criminal administration and environment of the defendant, the background leading to the crime, and the circumstances after the crime, shall be determined as per the order in consideration of the overall conditions of sentencing.