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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
In using and managing a means of access for electronic financial transactions, no one shall borrow or lend a means of access, or store, deliver or distribute a means of access, requiring or promising to receive, request or promise any compensation, unless otherwise expressly provided for in any other Act.
Nevertheless, on March 2020, the Defendant received a proposal and accepted the proposal that “The Defendant will have a loan. In order to obtain a loan, he shall send a physical card to him,” and then the same year.
4. 6. 13:41 At around 13:41, the post office Myeon-dong Myeon-dong located in Myeon-dong 344, Myeon-dong, Seoul, sent a copy of the physical card connected to the Defendant’s nameless (C) bank account (C), and at around that time, the above physical card was sent to the name poor person by telephone.
Accordingly, the Defendant promised to receive a loan and lent the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes concerning the transfer certificate of the D's statement, the name defecter and the Kakakao Stockholm dialogue, the response note (B Bank), the suspect in poor name and the contents of the conversation;
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. For the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the crime of lending the means of access, as in the instant case, is a highly harmful crime, such as infringing on the safety and reliability of financial transactions and abusing it as a means of other crimes.
The defendant's cream card was actually used for the scaming crime, resulting in damage.
On the other hand, the defendant recognized the crime of this case and opposed to the mistake.
There is no profit actually acquired after the defendant committed a crime by deceiving the horses of a person who has not received the name that the defendant borrowed.
The defendant shall be punished once by a fine for an alien's crimes.