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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No one shall promise to use and manage the means of access, thus lending the means of access.
Nevertheless, around January 12, 2020, the Defendant received a proposal from a name-free company C located in Gangseo-gu Seoul Metropolitan Government, to the effect that “A company is an overseas exporter after purchasing a new vehicle. If a vehicle is sent with a vehicle estimate and a physical check, 10% of the purchase price of the vehicle shall be given as a fee, and the physical check shall be returned upon the completion of the export of the vehicle,” and issued a copy of the physical card linked to the bank account (Account Number E) in the name of the Defendant.
Accordingly, the Defendant promised to provide compensation and lent the means of access.
Summary of Evidence
1. Application of the defendant's written statement F to reply to a request for provision of financial transaction information by the D bank;
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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act, including the Defendant’s age, character and conduct, environment, equity in sentencing with similar cases, shall be determined by comprehensively taking into account all the conditions of sentencing, including the Defendant’s age, character and conduct, and environment.
Since the act of lending the means of access is serious in that it is used as a means of crime, such as scam, it is necessary to strictly punish the act, and the means of access in the name of the accused was used for actual crime.
C. The defendant has a career of being investigated as a case of the same or similar kind in which his account is used
A. The defendant led to the confession and reflect of the crime
(k) there is no past record of criminal punishment;
It seems that the defendant, with insufficient social experience, appeared to have committed a crime in a prudent manner, and there is no actual benefit.