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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
Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.
On January 21, 2018, the Defendant: (a) promised to receive KRW 3 million from a face-to-face loan to a person without a name-to-face; (b) through Kwikset Service Articles that sent the name-to-face to the national bank account (C) in the name of the Defendant; and (c) opened a copy of the physical card connected to the national bank account (C) in the name of the Defendant, through Kwikset Service Articles that sent the name-to-face.
Accordingly, the defendant agreed to the other party to lend the approaching media.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of the Acts and subordinate statutes in the body of a bank (D);
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 crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is for the defendant to receive the price and lend the check card to a person with no name. The above crime is not very good because the access media, such as the check card, can be used for another crime with great social harm and injury, such as voiceing, etc.
In fact, the physical card lent by the defendant was used for fraud crime.
However, it shows the appearance that the defendant leads to the confession of the crime and reflects the mistake.
The defendant does not seem to have actually received any consideration.
Defendant has no record of punishment for the same kind of crime.
In full view of the conditions of sentencing as shown in the trial process of this case, such as the character, conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, the punishment as indicated in the Disposition shall be determined.