Text
Defendant shall be punished by a fine of five 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 electronic financial transactions in receiving, demanding or promising any compensation therefor.
On January 22, 2019, the Defendant received a proposal from a person without his name, stating, “A personal loan is possible, and a card to pay principal and interest is required, and sent a physical card to him.” On January 22, 2019, the Defendant sent to the proposal for the purpose of obtaining the loan, as well as prior to the “C”, the Defendant’s working person, who is the Defendant’s working person in Kimhae-si B, on January 17 and April 22, 2019, a physical card linked to the new bank account (Account Number: D) in his name, and notified him of the password’s password’s identification number.
As a result, the Defendant promised to receive a future loan in return for the intangible expected interest, and lent the means of access used in electronic financial transactions to a person who is named in the name.
Summary of Evidence
1. Defendant's legal statement;
1. A petition for E works;
1. A specification of transactions and a specification of transactions;
1. Application of the F dialogue-related Acts and subordinate statutes;
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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant confessions and reflects the crime.
However, the act of lending the means of access to electronic financial transactions, such as the instant crime, is in an indivisible relationship with the Bosing crime, and there is a high need for strict sanctions.
The account of this case was abused in the singishing crime, thereby causing actual damage.
In particular, the defendant has already committed the same kind of crime.