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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Criminal facts
No person shall borrow or lend an access medium while receiving, demanding or promising to receive, demand or promise any consideration in using or managing the access medium.
Nevertheless, on January 4, 2018, the Defendant received a proposal from a person in a name in the name of the Defendant to the effect that “I will use for three days if I lend the account to be used for tax reduction or exemption, and will use for three million won at a fee,” and then notified the Defendant of the password card No. 1, connected to the new bank (D) account under the name of the Defendant, through Kwikset service articles, to the name in the name of the Defendant and the password No. 2301 and 704.
Accordingly, the Defendant promised to pay the price, and lent the approaching media.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Details of transfer and reply materials;
1. Application of Acts and subordinate statutes on a petition;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;
1. Selection of a selective fine for punishment ( full consideration of all the circumstances, including the following: (a) the defendant repents and reflects the instant crime; (b) the defendant seems to have no profit from the crime; (c) the defendant has no record of criminal punishment; and (d) the defendant’s access media have been used for the phishing crime);
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;