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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
Punishment of the crime
No person shall borrow or lend, or store, deliver or distribute, any access medium with the knowledge that it is intended to be used for a crime or intended to be used for a crime.
Nevertheless, on July 2018, the Defendant, who had misrepresented the staff of the OK Savings Bank from the nameless person who had misrepresented him/her on July 2018, grants a loan by adjusting the details of the deposit and withdrawal to the chips of the card if he/she sent the e-mail card because the income was less than the expenditure.
“In response to the proposal,” on July 12, 2018, from the convenience store near the original elementary school located in the Seongbuk-dong, North-gu, Dong-dong at the port to the name of the defendant, sent the physical card connected to the account (C) of the defendant to the name of the non-party and notified the password of the account by telephone.
Accordingly, the Defendant, even though being aware of being used in the crime, lent a accessible medium to a nameless person.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements prepared in D;
1. Application of details of transactions, details of transactions, and text and photographic Acts and subordinate statutes;
1. Relevant legal provisions on criminal facts, Articles 49 subparag. 2 and 6 subparag. 3 subparag. 2 of the Act on Electronic Financial Transactions for the Selection of Punishment, and Selection of Fines (Article 49 subparag. 3 subparag. 2 of the Act on Electronic Financial Transactions) (Article 6 subparag. 2 of the Act on Electronic Financial Transactions (Article 49 of the crime of this case is highly harmful to the society, and the access media actually leased by the defendant was used for the crime of this case). However, although the nature of the crime is not minor, the defendant is against the wrong, the defendant did not obtain any economic benefit due to the 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;