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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
In using and managing the means of access, no one may lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in other Acts.
On March 25, 2019, the Defendant received text messages from a person who was named in the name of the Defendant and received a proposal from B to the effect that “a loan is possible” and “a loan is to be linked by opening a new fund account in order to provide a loan, so the Defendant sent the check card and accepted it, and around the 26th day of the same month, the Defendant lent one check card connected to the new bank account (Account Number: C) in the name of the Defendant at the Gyeyang-gu office located in Incheon Gyeyang-gu New Account on the 76th day of the same month through Kwikset Service news.
As a result, the Defendant promised to receive a future loan in return for an intangible expected profit, and lent the means of access to a person who has no name.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes concerning specification of transactions;
1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense; selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for sentencing of the provisional payment order is a lending of a personal check to the accused for the purpose of obtaining a loan. The above crime can be used for another crime with great social harm such as scam, etc., and its nature is not very high.
In fact, the physical card lent by the defendant was used for fraud crime.
However, it shows the appearance that the defendant leads to the confession of the crime and reflects the mistake.
The defendant does not seem to have actually received any consideration.
The Defendant had no record of criminal punishment for the same crime before the instant case.
In the above circumstances.