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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
No one shall, while promising to receive compensation, lend the means of access under the Electronic Financial Transactions Act to any third person.
Nevertheless, at around 14:00 on October 4, 2018, the Defendant received a proposal from a person with no personal name, who was in the name of the Defendant, that “if he lends the physical card for five days, he shall be paid KRW 3 million per sheet” from the person with no personal name, and the Defendant sent a letter of the physical card connected to the bank account in the name of the Defendant, the means of access, through Kwikset, to the person with no personal name.
Accordingly, the Defendant promised to receive compensation and lent the means of access under the Electronic Financial Transactions Act.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. A statement of transfer of money from damage, and reply materials including the details of account transactions;
1. Application of the Kakao Stockholm statutes
1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the means of access leased by the defendant is actually used for another crime, and the liability for such crime is not somewhat weak.
On the other hand, the defendant's mistake is against the defendant, there is no record of punishment for the same kind of crime, and there is no profit from the crime of this case.
The punishment as ordered shall be determined in consideration of all the sentencing factors indicated in the pleadings of the instant case, such as the age, character and conduct, environment, family relationship, and the circumstances in which the means of access was lent, etc.