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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 a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation therefor.
Nevertheless, at around 12:24 June 17, 2019, the Defendant accepted a proposal from a person without personal knowledge to the effect that “if you send a physical card to pay interest, you would have to get loans.” On the same day, the Defendant sent one copy of the physical card, which is a means of access connected to the D Association (E) account in the name of the Defendant, to the person with no personal name, in front of the “C” located in Seongbuk-gu, Changwon-si.
Accordingly, the defendant provided a means of access with the promise to receive an intangible expected profit to implement the loan.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Details of remittance transactions, details of account transactions, and application of Acts and subordinate statutes concerning dialogues;
1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of the provisional payment order is based on a comprehensive consideration of the Defendant’s age, character and conduct, the contents and circumstances of the instant crime, and the circumstances after the commission of the crime, as set forth in the order.
The act of lending means of access is not only detrimental to the safety and reliability of electronic financial transactions, but also it is necessary to strictly cope with the risk of massing a large number of victims because it is used for other crimes.
The means of access leased by the accused was actually used for the fraud crime.
A favorable circumstance: The Defendant recognized the instant crime and did not repeat the same mistake.
Defendant has no record of punishment for the same kind of crime in the past.