Text
Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while receiving, demanding or promising to receive, demand or promise to use or manage the access medium.
Nevertheless, on April 14, 2017, the Defendant received the text message stating that “on the face of lending an account to be used for the reduction or exemption of alcoholic beverages, the Defendant would pay KRW 3 million in return for using it for 3 days” from the person in the name of the deceased, and consented thereto. On April 17, 2017, the Defendant issued one copy of the physical card connected to the Defendant’s name to the Defendant’s bank account (Account Number: D) in front of the member’s National Assembly located in Yongsan-gu Seoul, Yongsan-gu, Seoul, and notified the password by telephone.
As a result, the defendant promised to pay the price to the name of the victim and lent the approaching media to the name of the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes on the output of the Kakao Stockholm conversation, details of payment transactions of damaged gold, customer information inquiry table, details of entry and departure transactions, and application of statutes on the Kakao Stockholm message;
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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;