Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

In using and managing a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, around August 1, 2018, the Defendant received a proposal from the deceased for 15-day lending the e-mail card to KRW 3 million, and consented thereto. On August 7, 2018, the Defendant opened a e-mail card linked to the e-mail account (E) from the deceased.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the statutes governing the certificate of confirmation, details of deposit and withdrawal transactions, and details of deposit and transactions;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The transfer of a physical card is highly likely to infringe on the safety and reliability of electronic financial transactions and cause secondary damage as it is used for crimes such as scam, etc.

Since the defendant transferred the physical card for the purpose of receiving the price, and the above physical card was actually used for the crime of fraud, the liability for the crime is not weak.

The favorable circumstances: the defendant reflects the crime, and there is no benefit acquired by the crime of this case.

There is no past record of criminal punishment, which is sentenced to a fine once for another crime.

As above, in full view of the circumstances and the age, character and conduct, motive and background, means and consequence of the crime, the circumstances after the crime, etc. of this case and the sentencing conditions indicated in the records, the punishment as ordered shall be determined.