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Defendant shall be punished by a fine of KRW 2,500,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No person shall borrow or lend any access medium while demanding, demanding or promising the consideration in using or managing the access medium.
Nevertheless, on April 2, 2018, the Defendant is the liquor company C, and we will pay KRW 270,000,000 per day (90,000 per day) on the face of the Jeju-si, Suwon-si, Suwon-si, Suwon-si, Seoul-si, with the name in front of the account.
“In response to the proposal to the purport, the head of the Tong and physical card connected to the National Bank Account (D) in the name of the Defendant, through Kwikset Service Articles, sent the password to the name-oriented person, while informing him of the password.
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 for E;
1. Application of Acts and subordinate statutes to the details of deposits, replys to warrants and Kakao Stockholm conversations;
1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The act of lending an electronic financial transaction access medium with the reason of sentencing under Article 334(1) of the Criminal Procedure Act is not only an act of undermining the trust in electronic financial transactions, but also an act of causing damage to a large number of victims by using the leased medium in a criminal act such as telephone financing fraud.
The defendant's leased access media has actually been abused in criminal acts and has caused damage.
However, there are some points to consider the circumstances, such as living conditions leading to the crime, and recognize and reflects the mistake, and considering the circumstances favorable to the fact that there is no profit acquired by the crime and there is no profit of the same kind.
In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act shall be comprehensively determined as per the disposition.