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Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
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 distribute, keep, deliver or distribute any access medium while demanding, demanding or promising the consideration in using or managing any access medium for electronic financial transactions.
On June 18, 2018, the Defendant received a proposal from a person who was under a name (known “B”) to pay KRW 800,000 per day to a liquor company, as the account for tax reduction and exemption is required.
On June 20, 2018, the Defendant, at the C’s home line located in Yangcheon-gu Seoul Metropolitan Government around June 20, 2018, sent to the above person under the name of the Defendant using three copies of the C’s account under the name of the Defendant (D, E) and the new bank account (F).
Accordingly, the Defendant promised to pay for the price and lent the approaching media.
Summary of Evidence
1. Statement by the defendant in court;
1. G statements;
1. A certificate of confirmation;
1. Application of statutes, such as the details of Kakao Stockholm conversations;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of an alternative fine for punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act requires strict punishment as well as the background and content of the crime in this case’s case’s case’s sentencing. In practice, even in this case, the access media leased by the Defendant appears to have been used for the crime of fraud and considerable damage therefrom. However, the fact that the Defendant appears to have no profit from actual acquisition due to the crime, recognized and reflects the crime, and there is no record of criminal punishment other than once for fine-free driving, and that there is no other record of criminal punishment except for the case’s fine-free criminal record and one time for the driving without a license, and that it is shown in the pleadings such as the Defendant’s age, career, health status, financial standing, and family relationship.