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Defendant shall be punished by a fine of four million won.
Where a defendant fails to pay a fine, one hundred thousand won shall be the day.
Reasons
Punishment of the crime
Except as otherwise provided for in any other Act, no one shall lend a means of access with the receipt, request or promise of any compensation in using and managing the means of electronic financial transactions.
Nevertheless, on July 16, 2018, the Defendant received a proposal from a name-free person to the effect that “the bank account in virtual currency is required, and the bank account is to be paid KRW 3 million upon lease of the bank card,” and consented to the proposal. On July 16, 2018, the Defendant sent a physical card connected to the bank account in the name of the Defendant before the Defendant’s house located in Yangcheon-gu Seoul Metropolitan Government (D) and sent it to the name-free person through Kwikset service, and the password was known to E Mes.
Accordingly, the Defendant promised to pay for, and lent the means of electronic financial transactions.
Summary of Evidence
1. Defendant's legal statement;
1. A statement and a written confirmation of transfer of the F;
1. Application of Acts and subordinate statutes to the execution data of warrant for search, seizure;
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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by taking into consideration the following circumstances, such as the defendant’s age, character and conduct, family environment, motive, means and result of the crime, etc., and the records and circumstances shown in the trial of this case:
In unfavorable circumstances: The act of lending the means of access requires strict punishment as to the provision of so-called passbook which is abused as a means of other crimes, such as tax evasion, gambling, and scam; the Defendant’s lending connection account is used for scaming crimes; the victim was generated due to the occurrence of the damage and the damage has not been recovered.
In this case, the defendant acquired the defendant by committing the crime of this case, since he recognized the defendant's wrong and took the attitude of reflect.