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 person shall lend any access medium to financial institutions or store, deliver or distribute such medium while receiving, demanding or promising any consideration.
Nevertheless, on February 16, 2016, the Defendant called to the effect that “if one account is lent for about 10 days, approximately three million won will be paid for it,” and promised to the purport as above to the above purport, and then, on the same day, the Defendant’s name was sent to Kwikset service articles with the name of the Defendant in front of the Defendant’s residence located in Gangseo-gu Seoul Metropolitan Government, where it is impossible to know that the Defendant sent the above name to Kwikset service articles with the name of the Defendant in front of the Defendant’s residence in Gangseo-gu, Seoul, the Defendant informed the Defendant of the above name in fact through Kwikset’s Kaka Kao text message, etc.
As a result, the Defendant promised to pay for, lent the access media to financial institutions.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes regarding transaction details;
1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The act of lending the access media for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, such as the instant crime, can be used for a crime such as Bosing, etc. In light of the fact that the Defendant appears to have actually committed fraud by using the access media, the nature of the crime is not somewhat weak.
However, the sentence shall be determined as ordered by comprehensively considering the fact that the defendant reflects his/her mistake in depth, the fact that there is no record of criminal punishment before, and the conditions of sentencing as shown in the records and theories of changes.