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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
On June 14, 2019, the Defendant: (a) received a proposal from a person who has no personal name, stating, “on the face of sending a e-mail card so that the principal and interest of the loan may be paid, I will give a loan; (b) around 12:0 on June 20, 2019, the Defendant sent one e-mail card connected to the new bank account (C) in the name of the Defendant in front of the Kimhae-si, through Kwikset, and delivered the password of the above e-mail card to the person who has no personal name.
Accordingly, the defendant committed an act of lending a means of access to others in return for an intangible expected profit of receiving future loans.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes on the details of account transactions and DNA transfers;
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;