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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
No one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising any compensation for the use and management of the means of access.
At around November 2018, the Defendant: (a) received a call from a person under whose name the account was misrepresented to the employee of a savings bank to the effect that “I would make a loan after checking whether or not the account was normal; and (b) around November 8, 2018, the Defendant opened a physical card connected to the national bank account (C) in the name of the Defendant before Gangnam-si, Gangwon-si, 2018.”
As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Application of Acts and subordinate statutes on the transactions of entry and departure;
1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense; selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The Defendant’s cream card was used for the scaming crime, thereby causing damage of KRW 6 million.
The favorable circumstances: Recognizing the crime, it is against the law.
The same shall not apply to the previous case.
The number of means of access leased is only one.
The defendant has no profit from the crime of this case.
Other conditions of sentencing, such as the defendant's age, character and environment, background leading to the crime, circumstances after the crime, and sentence of similar cases, shall be determined as per the order, taking into consideration equally the conditions of sentencing.