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Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
Except as otherwise provided for in other Acts, no person shall lend any access medium with the receipt, demand or promise of compensation, unless otherwise provided for in other Acts.
On April 9, 2018, in violation of the foregoing prohibition provision, the Defendant reported a text message recommending the transfer of an access medium received from Defendant’s cell phone in Seoul to his mobile phone and lent the check card under the condition that the messageer contacts with the messageer and receives three million won.
After agreement on April 17, 2018, 3, Ga-ro, Seoul, Ga-ro, around 9:00, lent the above access media by providing a personal identification number of the above physical card to a person who is unable to identify his/her name with the new bank account (Account Number: C) opened in the name of the defendant through the door-to-door service (hereinafter “Kwikset Service”).
Summary of Evidence
1. Statement by the defendant in court;
1. The police suspect examination report (including attached documents) of the accused;
1. Written statements of D;
1. Application of Acts and subordinate statutes to verify transaction details;
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. Normal circumstances favorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: (a) reflects mistakes; (b) elderly people; (c) there is no benefit acquired by the instant crime; and (d) there is no previous conviction exceeding a fine: Lending an access medium; (b) there is a need to severely punish the Defendant as it undermines the safety and reliability of electronic financial transactions; (c) there is a high risk of using it for other crimes; (d) the Defendant’s access medium was actually used for the commission of phishing fraud; and (e) there is a history of the suspension of indictment due to the same type of crime in 2014; and (e) the Defendant’s character and conduct, environment, motive, background, means and consequence of the crime;