Text
Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No person shall lend or lend any access medium while receiving, demanding or promising compensation therefor.
Nevertheless, on February 5, 2017, the Defendant: (a) provided a proposal that he/she would lend a e-mail card from a person without his/her name (hereinafter referred to as “C”) to pay 500,000 won per day; and (b) accepted it; (c) provided a e-mail card 2 connected to a new bank account under the name of the Defendant; (d) 1 e-mail card connected to the Defendant’s name bank account; (e) 2 e-mail card connected to the Defendant’s name (F); and (d) e-mail card 2 connected to the Defendant’s name (F); and (e) e-mail card 9 connected to the agricultural bank account under the name of the Defendant; and (e) 503,000 won in return for the transfer of the e-mail card to the Defendant’s name.
Accordingly, the defendant received compensation and lent the approaching media.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to I by the police;
1. Details of account transactions, and the application of Acts and subordinate statutes of each bank transaction (Evidence List 5, 7, 8, 9, 10, 11);
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 reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is a method that facilitates crimes such as phishing, etc., which is a representative social malicious, and thus, should be treated heavily. The Defendant’s leased media was actually used for the crime of loan fraud, and the Defendant’s leased access media is disadvantageous to a large number of access media.
However, considering that the defendant has no record of crime in favor of him, the benefit of the defendant, the background leading to the crime, the age, sex, environment, and family relationship of the defendant are all the sentencing conditions.