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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
Except as otherwise expressly provided for in other Acts, no one shall borrow or lend any access medium while receiving, demanding or promising the consideration.
Nevertheless, around December 26, 2017, the Defendant promised to provide 500,000 won per card in return for lending a physical card from the name in which he/she became aware of after receiving publicity letters in a non-commercial area in Dongjak-gu Seoul Metropolitan Government (Seoul). On December 26, 2017, the Defendant sent a physical card connected to the bank account in the name of the Defendant’s name (B) and the password to Kwikset service.
Accordingly, the Defendant promised to pay the price, and lent the approaching media.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes on financial account data;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;
1. Selection of an alternative fine for punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The Defendant’s approach to the sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order was actually used in the crime of telephone financing fraud, resulting in damage. The Defendant also promised the above access medium to be used for tax evasion and lent it to the third party. In light of the above, the Defendant’s liability for the crime is not easy.
However, in light of the circumstances, such as the fact that the defendant recognizes all of the crimes of this case and is against the defendant, there is no provision of punishment for the same kind of crime, and the fact that there is no benefit acquired from the crime of this case, the punishment shall be determined as ordered.