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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, in using and managing a means of access, borrow or lend a means of access while demanding, demanding or promising compensation therefor.
Nevertheless, on February 2, 2019, the Defendant heard the phrase “to obtain a loan, to inform the account number of the C Company Guard, and to send the C Company Guard’s account number to repay the loan,” from the person in an infinite name, and to inform the person infinite name of the account number and to find a copy of the C Company Guard’s bank account (D) connected to the Defendant’s name, which is entrusted to the security room.
Accordingly, the defendant, in return for the intangible expectation interest that he can receive future loans, lent the means of access to his name in return for it.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. Provision of financial transaction information, customer basic information inquiry, application of Acts and subordinate statutes on transaction by account;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts;
1. Selection of an alternative fine for punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground that electronic financial transactions lent to another person for sentencing of the provisional payment order could cause damage to many and unspecified persons because they can be used for fraud crimes, such as singing, etc. In fact, considering the fact that the account of the means of access leased by the defendant was used for fraud, it is necessary to strictly punish the defendant.
However, all of the crimes of this case are recognized by the defendant, and the defendant seems to have never earned any profit from the crime of this case, the primary offender is the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, and other circumstances that form the conditions for sentencing as shown in the arguments of this case, such as the circumstances after the crime.