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Defendant shall be punished by a fine of 2.5 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
No one shall lend any means of access unless otherwise specifically provided for in any other Act in using and managing the means of access.
Nevertheless, on June 17, 2018, the Defendant sent a physical card to his residence in Bupyeong-gu, Incheon, on the front of his residence and sent it using Kwikset Service, and sent one physical card connected to the account under the name of the Defendant to his name in the way of sending it to his name, notify his password, and promised to receive the price of KRW 2 million per day.
Accordingly, the Defendant promised to borrow a means of access used in electronic financial transactions to receive compensation.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of statutes on details of financial transactions;
1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Sentencing the sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is highly likely to cause secondary damage, such as fraud, by abusing the means of electronic financial transactions to crime.
In fact, the means of access leased by the defendant was used for telephone financial fraud by remitting 2.37 million won to the connected account.
However, since the number of means of access leased by the defendant is limited to one, and the amount deposited into the account by telephone financial fraud is not withdrawn due to the suspension of payment, damage will be recovered.
There is no profit earned by the defendant from the crime of this case, and there is no criminal punishment record for the last 30 years.
In full view of the above circumstances, the punishment as ordered shall be determined as above.