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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
In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation therefor.
Nevertheless, on June 21, 2019, the Defendant listened to the purport that “When sending the e-mail card so that interest and principal may be paid, the Defendant will make a loan.” On June 25, 2019, the Defendant transferred one e-mail card connected to the e-mail account (D) in the name of the Defendant to the e-mailer in the name of the Defendant at the Defendant’s office located in the e-mail-gu, Seocho-gu, Changwon-si around 13:00 on June 25, 2019.
As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. A detailed statement of account transactions in the name of the defendant;
1. Application of suspect A mobile phone conversations, details of telephone conversations, and details of transfer to statutes;
1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (Selection of Fine) concerning the selection of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order is based on the following factors: (a) the sentencing conditions of the instant crime; (b) the Defendant’s age, character and conduct; and (c) the following factors:
An unfavorable circumstance: The act of lending the means of access is necessary to punish it because it is used to impair the safety and reliability of electronic financial transactions and to commit Bosing and has a great social harm and injury; circumstances in which the means of access leased by the defendant is actually used to commit fraud: The confession and reflect by the defendant; the fact that the defendant has no record of punishment for the same crime;