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
Except as otherwise expressly provided for in other Acts, no person shall lend an access medium with his/her promise to use and manage the access medium.
Nevertheless, the Defendant stated in the first order of indictment on August 2016 as “the August 6, 2016.” However, since the date when the new bank account in the name of the Defendant was used for the crime of fraud (phishing) was August 5, 2016, the time when the Defendant lent the access medium to the said account appears to have been transferred.
12:00 At around 12:00, on the road B, the proposal was made that “on the face of a week from a person in unsound name, he will give 100,000 won in cash every day when he/she lends his/her account.” The summary of the evidence lent the access media used in the electronic financial transaction under Chapter 1 of Kwikset-based card (D) connected to the name in the name of the Defendant’s new bank account under the name of the Defendant.
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of transaction specifications, A’s account transaction details, and statutes;
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 sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and the circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, shall be determined as ordered by taking into account the following circumstances:
The fact that the access media leased by the defendant is used for the commission of the phishing crime, the confession and reflects, the fact that there is no benefit from the defendant's acquisition, and there is no record of the same crime.