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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 electronic financial transactions, no one may lend the means of access while promising any consideration, unless otherwise specifically provided for in any other Act.
On January 23, 2019, the Defendant received a proposal from a name-free person, stating that “The Defendant will repeatedly store the check-to-face transaction performance and then offer a loan.” On January 23, 2019, the Defendant issued the check-to-face card connected to the national bank account (B) in the name of the Defendant by means of post office registration at the party-based post office located at the city of Jin-si, Central 2-158, from the name-free person.
Accordingly, the Defendant promised to obtain intangible expectation interest that can be received future loans through the details of transactions of deposit and withdrawal to lend the means of access to a person who is not his/her name.
Summary of Evidence
1. Partial statement of the defendant;
1. Part of the copy of the police interrogation protocol against the defendant;
1. A written statement prepared by C;
1. A petition and details of account;
1. Application of Acts and subordinate statutes on warrant of seizure and reply;
1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (Selection of Fine) concerning the selection of punishment;
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 of the provisional payment order is that the defendant lent the electronic financial means of access in this case, the means of access leased by the defendant was actually used for the actual fraud, the defendant appears to have an attitude against the defendant, the primary offender in this case, the fact that the defendant did not obtain the benefit in this case, and all other factors of sentencing indicated in the records, such as the defendant's age, character and conduct, the environment, the number of crimes and the result, and the circumstances after the crime, etc., are determined as ordered