Text
Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No person shall transfer or take over a means of access, or lend or take over a means of access in return for compensation.
On September 3, 2018, the Defendant promised to rent KRW 4.8 million in front of his own company located in Daegu Jung-gu, Daegu-gu, and lent two physical card units connected to each account in the name of the Defendant to the name in the name of Cbank (Account Number: D) and E Bank (Account Number:F) through Kwikset Service Articles.
Accordingly, the defendant agreed to receive compensation and lent the means of access to electronic financial transactions.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning G;
1. A H statement;
1. The application of data reply, written confirmation of transfer transactions, and response statutes of the E bank;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative fine for punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, lending of the means of access for electronic financial transactions may impair the security and reliability of electronic financial transactions and be used as a means of other crimes. Thus, the crime is not good, and the fact that the means of access leased by the defendant was actually used for the fraud crime is unfavorable.
However, considering the fact that the defendant confessions the crime of this case and repents his mistake, that is the primary offender who has no record of criminal punishment, the defendant's age, character and conduct, environment, family relationship, means and results of the crime, and the circumstances after the crime, the punishment as ordered shall be determined by considering all the sentencing conditions shown in the arguments of this case.