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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No person shall lend a means of access used in an electronic financial transaction while receiving, demanding or promising any consideration therefor.
Nevertheless, on March 2018, the Defendant called to the name-free person who assumes the employees of the logistics company B at the office of the Defendant, Hasan-si B, the Defendant called to the name-free person who assumes the position of the employees of the logistics company, and called to the effect that “if he lends the physical card necessary to solve the problem of taxation, he would give three million won at three-month usage fees,” and sent a letter of the physical card connected to the credit account (C) under the name of the Defendant through the name-free person, and then notified the account number and password by telephone.
Accordingly, the Defendant promised to provide compensation and lent the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements prepared in D;
1. Application of account statements and warrant issuing Acts and subordinate statutes;
1. Relevant legal provisions concerning criminal facts and Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act (Selection of Fines) of the choice of punishment [to lend means of access, etc. prohibited by the Electronic Financial Transactions Act] [to choose a fine in consideration of the following factors: (a) the act of lending means of access, etc., by means of electronic financial transactions, can be abused for crimes, such as singing, avoiding taxes, and gambling; (b) the act of lending means of access has been committed as long as social abolition has been promised; and (c) the actual occurrence of the victim of singishing, etc.; (d) the act of lending means of access, etc., by taking into
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;