beta
Text
Defendant shall be punished by a fine of 2.5 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
No person shall borrow or lend a means of access in receiving, demanding or promising any compensation.
Nevertheless, on August 29, 2018, the Defendant issued a proposal to the effect that “I would like to borrow a e-mail card in order to lower liquor tax, if I would lend the e-mail card for three days, I would like to pay KRW 2.4 million.” On the same day, the Defendant sent the e-mail card to Kwikset service engineer who sent one copy of the e-mail card connected with the Defendant’s name D (E) at the guard office located in the Nowon-gu, Nowon-gu, Seoul Special Metropolitan City.
As a result, the Defendant promised to receive compensation and lent the means of access.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on response to financial transaction data;
1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Sentencing the sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is highly likely to cause secondary damage, such as fraud, by abusing the means of electronic financial transactions to crime.
In fact, the means of access leased by the defendant was used for telephone financial fraud such as remitting and withdrawing 3.5 million won to the connected account.
However, the number of means of access leased by the accused is limited to one, and it is difficult to say that the accused was aware that the means of access is used for fraud, etc.
There is no profit earned by the defendant from the crime of this case, and the defendant is the first offender.
In full view of the above circumstances, the punishment as ordered shall be determined as above.