Text
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
No one shall, while promising to receive compensation, lend the means of access under the Electronic Financial Transactions Act to any third person.
Nevertheless, at around 14:30 on October 16, 2018, the Defendant received a proposal that “If he/she lends a physical card for three days, he/she shall pay KRW 2.4 million per sheet to the Defendant, the means of access,” and sent two physical cards connected to the bank account (E) and the F Bank account (G) through Kwikset service.
Accordingly, the Defendant promised to receive compensation and lent the means of access under the Electronic Financial Transactions Act.
Summary of Evidence
1. Defendant's legal statement;
1. A H statement;
1. A report on investigation (Attachment to a detailed statement of transaction);
1. Letters of financial transaction information;
1. Application of text messages to Acts and subordinate statutes;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative fine for punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the means of access leased by the defendant is actually used for another crime, and the liability for such crime is not somewhat weak.
On the other hand, the defendant recognized a mistake as a primary offender, and is against himself, and there is no profit gained from the crime of this case.
The punishment as ordered shall be determined in consideration of all the sentencing factors indicated in the pleadings of the instant case, such as the age, character and conduct, environment, family relationship, and the circumstances in which the means of access was lent, etc.