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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 borrow or lend any means of access used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction in return for receiving, demanding or promising the payment.
Nevertheless, around August 29, 2018, the Defendant received a proposal from a person who was not the deceased in name to “B’s account to reduce or exempt corporate tax. It is necessary to pay KRW 2.4 million if the Defendant borrowed for three days.” On August 30, 2018, the Defendant lent the cash card, etc. connected to the Defendant’s name to the F account (G) in the name of the Defendant via the phone line located in D, Gangwon-si, Gangwon-do.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of H;
1. Application of Acts and subordinate statutes, such as deposit details and photographs;
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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Imposition of a fine of KRW 50,000 to KRW 20 million within the scope of the applicable sentences;
2. The sentencing guidelines are not set in the range of recommending sentencing. 3. The Defendant leased the check card connected to his bank account in his name to a person whose name could not be known.
This is not only likely to disturb the financial order in itself, but also social harm is very high, such as facilitating the crime of Bosing using the account.
Therefore, there is a great need to punish defendants strictly so that these crimes do not overlap.
However, considering the circumstances in which the defendant recognized the crime and reflected, various sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, etc., are considered.