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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
Except as otherwise expressly provided for in other Acts, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access while demanding, demanding or promising the use and management of the means of access.
On November 30, 2018, at around 16:00 on November 30, 2018, the Defendant received and consented to the proposal that “the Defendant would pay 4 million won to the e-mail card to be used for tax reduction or exemption for eight days by lending the e-mail card to the e-mail,” and sent the e-mail card connected to the national bank account (B) in the name of the Defendant in the e-mail-dong, Jeju-si. At around 16:00, the Defendant sent the e-mail card to the e-mail.
Accordingly, the defendant was promised to receive compensation and lent the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement prepared in C;
1. Application of Acts and subordinate statutes to transfer receipts, financial transaction statements, investigation reports ( CCTV images at the seal out point);
1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is disadvantageous to the lending of the means of access, such as the nature of the crime, and the fact that the means of access leased by the defendant was actually used for the crime of licensing.
However, it is advantageous to the fact that the defendant recognizes the facts charged by the investigative agency, and the defendant is the first offender who has no record of criminal punishment.
In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes shall be determined as ordered by taking into account various sentencing conditions shown in the trial process of this case.
[Sentencing Criteria] - No sentencing criteria are set