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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 lend or lend any access medium while receiving, demanding or promising compensation therefor.
On August 9, 2018, the Defendant would provide a loan by raising credit rating after entering and withdrawing a e-mail card from a person who is in a name name and has increased the transaction performance.
“On the proposal,” sent the Cock Card connected to the Account under the name of the Defendant to Kwikseter and informed the password to Kwikseter.
As a result, the Defendant promised to receive the price and lent the approaching media.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on the Kakao Stockholm text messages;
1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the lending of electronic financial transaction access media is highly likely to cause secondary damage, such as fraud, by abusing it for crime.
In fact, the account linked to the access media lent by the defendant was used for the telephone financing fraud.
However, according to the list of Kakao Stockholm characters (Evidence No. 7 No.) containing a conversation between the defendant and his/her name in one medium of access that the defendant lent by him/her, there are circumstances to consider that the defendant lent his/her credit rating by raising his/her credit rating.
There is no profit earned by the defendant from the crime of this case, and the defendant does not have the same criminal record.
In full view of the above circumstances, the fine shall be selected and the sentence shall be determined as ordered.