Text
Defendant shall be punished by a fine of five million won.
However, the execution of the above fine for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
Except as otherwise expressly provided for in any other Act, no one shall issue a transaction request in electronic financial transactions or lend a means of access used to secure the authenticity and accuracy of users and the details of such transaction at the same time.
Nevertheless, on November 2018, the Defendant: (a) received a proposal from a nameless person who introduced himself as “B’s employee” at the end of the month; and (b) received a proposal from the Defendant that “if he sent the cream card to KRW 30,000,000,000 per month, he will make a loan by accumulating transaction performance and raising credit; and (c) on December 2018, the Defendant sent the cream card, etc. connected to the Defendant’s personal compromise account (E) at the beginning of the Seocho-gu, Seocho-si, Changwon-si, Skwikset Service.
Accordingly, the Defendant promised to pay for, and lent the means of electronic financial transactions.
Summary of Evidence
1. Partial statement of the defendant;
1. A copy and a statement of the F;
1. Application of Acts and subordinate statutes on account transactions;
1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;
1. Article 62 (1) of the Criminal Act;
1. The act of lending the means of access to electronic financial transactions, such as the instant crime, is in an indivisible relationship with the singishing crime, and there is a high need for strict sanctions against the act of lending the means of access under the circumstances where various singishing crimes, which have caused serious harm to our society due to the sentencing of Articles 70(1) and 69(2) of the Criminal Act.
In addition, the account of this case was abused for the singishing crime, thereby causing actual damage.
However, the fact that the defendant seems to have no profit from the crime of this case, and that there is no criminal record for the same kind of crime, etc. can be considered as favorable circumstances.
In addition, the age, career, character and conduct of the defendant.