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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
1. On February 2012, the Defendant borrowed the means of access used in electronic financial transactions for consideration by “a condition under which interest is exempted from borrowing KRW 2 million from a person who was unaware of his/her name and return the passbook, etc. six months later,” using Kwikset Service to deliver his/her own national bank account (B)’s passbook, password, etc. to his/her name in return.”
2. On September 2012, the Defendant transferred the means of access used in electronic financial transactions by providing Kwikset service with the passbook, password, etc. of one’s national bank account (C) to a person with no name, who is requested to exempt him/her from the obligation to borrow KRW 2 million from the person with no name, instead of reducing him/her to additionally transfer the passbook, password, etc.
Summary of Evidence
1. Defendant's legal statement;
1. The criminal place;
1. To investigate specified financial transaction information;
1. Application of Acts and subordinate statutes to a report on investigation (Submission of new bankbooks); and
1. To lend a means of access to the relevant criminal facts: The possession of the means of access under Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act: Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act;
1. Selection of each alternative fine for punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes with the punishment stipulated in the crime of violating the Electronic Financial Transactions Act due to the transfer of any heavier means of access);
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.