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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 the means of access, no one may lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in other Acts.
Nevertheless, the Defendant, on March 2018, lent the means of access to the roads located in Geumcheon-gu Seoul Metropolitan Government (Seoul Metropolitan City) for the purpose of using 3,00,000 won in return for five days from the person who was not paid his/her name, while promising the person who was not paid his/her name to use the personal identification card and the password of the said account that are linked with the bank account (B) under the name of the Defendant.
Summary of Evidence
1. Court statement of the defendant (the second court date);
1. C’s statement;
1. Application of CIF and Statement of Transactions (A) Acts and subordinate statutes in Korea;
1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;