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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
No person shall borrow or lend any access medium, such as an electronic card, which is used to issue instructions for transaction in electronic financial transactions or to secure the accuracy and authenticity of users and transaction details, with the knowledge that it will be used for a crime or for a crime.
Nevertheless, on April 15, 2016, the Defendant received a proposal to lend the account under the name of the Defendant in order to avoid the obligation to issue the tax invoice under the Punishment of Tax Evaders Act from a person without his name (one name B) on April 15, 2016, and notified the account number, account number, account number, and account number, account number and account number of the Defendant’s name bank account in the name of the Defendant using the Kakao Stockholm message to the Defendant.
Accordingly, the defendant, knowing that he will be used in the crime, lent a approaching medium.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A certificate of deposit at a post office;
1. Application of Acts and subordinate statutes on transaction inquiries;
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) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. In the event that an electronic financial transaction access medium on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is leased, the reliability of the safety performance of the electronic financial transaction may not be undermined, and thus, it needs to be strictly punished. In light of the fact that the Defendant anticipated to be used in the crime (i.e., evading the obligation to issue the tax invoice under the Punishment of Tax Evaders Act) and lent the electronic financial transaction access medium (i.e., the Defendant’s leased electronic financial transaction access medium was used in the phishing crime), the nature of the crime is not easy, but the Defendant appears to have the attitude to recognize and reflect the crime, and there is no record of punishment other than the one-time fine, and other records and arguments of this case.