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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
Except as otherwise provided for in other Acts, no one shall lend any access medium with the receipt, request or promise of compensation in using and managing the access medium.
Nevertheless, on September 5, 2017, the Defendant promised to receive 10% of the amount deposited in the account from a person whose name of "D" was unknown at the office of the Defendant located in Young-si District C, to receive from a person who was unable to know the name of "D" as a commission, and sent three physical cards, which are linked to the bank account in the name of the Defendant (Account Number E), the bank account in Korea (Account Number:F) and the bank account in new banks (Account Number: G), to a person whose name is unknown, and notified the number and password of the Kakao Stockholm.
Accordingly, the Defendant promised to pay for the damages and lent the approaching media.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with H;
1. Investigation report (report on the binding of records in copies of a new bank and passbook in the name of the suspect);
1. Application of Acts and subordinate statutes to the specifications of separate accounts, and specifications of accounts A;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
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 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 differences in circumstances such as leading up to the crime due to severe living conditions.