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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No person shall, in using or managing access media, borrow or lend such access media while receiving, demanding or promising compensation therefor.
On May 2016, the Defendant promised to lend the passbook to a police officer on the condition that the Defendant would receive KRW 3.2 million each month between the name and the influent person by telephone.
After that, the Defendant, in front of the mutual infinite coffee shop located in Daegu-gu, Daegu-dong, was using Kwikset service, sent the passbook in the name of the Defendant’s bank (B) account in the name of the Defendant, and informed the password of the above passbook.
Accordingly, the defendant committed the act of lending the approaching media while promising the price.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes on trading;
1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order can be abused as a means of other crimes as well as impairing the safety and trust of financial transaction, and the lending passbook, etc., and the access media leased by the Defendant was also used for other crimes.
However, there is no record of criminal punishment, and confessions and reflects the crime of this case.
In addition, the victim of fraud has recovered the damage.
In addition, the sentencing conditions, such as the defendant's age, sex, environment, etc., shall be determined as ordered by taking into account such circumstances and the defendant's age.