Text
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 any access medium while receiving, demanding or promising to receive compensation.
Nevertheless, at around 13:00 on November 27, 2017, when the Defendant lent an account from a person in the name in front of the Defendant’s residence in Nam-gu Incheon Metropolitan City, the Defendant promised to receive KRW 3 million in return for the lending of the account from the person in the name in front of the Defendant’s residence, and delivered the physical card connected to the Nong Bank’s account in the name of the Defendant to the person in the name in question through Kwikset Service.
Accordingly, the defendant agreed to receive compensation and lent an access medium to the defendant, and the summary of the evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Details of each account transaction;
1. Application of the Kakao Stockholm Act to the content of conversation;
1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The Defendant’s crime of sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the sentencing of the provisional payment order is a lending of an access medium with a promise to pay. Such crime may not only disrupt the reliability and safety of electronic financial transactions, but also be abused as a means of crime using an access medium. Therefore, there is a need for punishment.
The access media lent by the defendant was actually used for telecommunications financing fraud using a malicious computer program, and there was considerable damage.
The crime of the defendant is likely to be difficult to arrest the criminal who committed the crime by using the access media in fact, and there is a great social harm such as making it difficult to recover the victims' damage.
In addition to the instant crime, the Defendant seems to have lent a separate approach medium.
However, the defendant makes a statement to the effect that this court recognizes and reflects a crime.
The defendant has no record of criminal punishment before the crime of this case is committed.
The defendant is guilty of fraud, etc.