Text
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
In using and managing the means of access, no one shall borrow or lend the means of access, or keep, deliver or distribute the means of access in exchange for compensation, demand or promise, unless otherwise specifically provided for in other Acts.
On May 27, 2018, the Defendant received a proposal from the Buddhistist that “to provide an account to use in the exchange service and to give KRW 500,000,000 if any money exchange business is conducted,” and agreed to do so, on the same day, the Defendant used the e-mail service from the Macheon Terminal in Gwangju-gu, Gwangju-gu, 932, and then sent the password of the said account to the Buddhistist through the e-mail, which is linked to B’s bank account (D) in the name of two shapes of the Defendant.
Accordingly, the Defendant promised to provide compensation and lent the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. The suspect interrogation protocol of the police as to B;
1. The police statement concerning F;
1. Details of remittance receipt, duplicate copy, and account transactions;
1. E message;
1. Application of Acts and subordinate statutes of investigation report (A submitted cargo tags and check cards);
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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the means of access to a provisional payment order has been used for other crimes is unfavorable.
The punishment shall be determined as ordered by taking into account the following factors: the defendant's mistake and reflects, the primary offender who has no record of criminal punishment, and the defendant's age, character and conduct, motive and means of a crime, and circumstances after a crime, etc., and various sentencing conditions specified in the trial process.