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Defendant shall be punished by a fine of KRW 1,500,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
In using and managing a means of access, no one shall promise to provide compensation, unless otherwise specifically provided for in any other Act, to lend the means of access.
Nevertheless, around 20:00 on April 16, 2018, the Defendant issued a proposal to the effect that “C Center” in front of the “C Center” as an employee of the lending company: (a) the Defendant introduced himself as an employee of the lending company; (b) “In case of sending a e-mail card, he would have raised the performance by repeatedly making cash withdrawal from the account into the account; and (c) sent a copy of the e-mail card connected to the Defendant’s bank account under the name of the Defendant via Kwikset Service Articles.”
As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement;
1. Certificates of deposit;
1. Certificates and correspondence data of banks, such as details of transactions;
1. The Defendant asserts to the effect that the means of access is not leased because he/she did not grant any means of access because he/she did not grant any loan by creating transaction performance with his/her name in the G dialogue.
The defendant was permitted to conduct electronic financial transactions with respect to the account under the name of the defendant using the physical card issued by the defendant, so this constitutes a "loan" of the means of access.
Furthermore, we examine whether the Defendant provided a “price” and lent the means of access.
“Price” under Article 6(3)2 of the Electronic Financial Transactions Act includes not only money, goods, and other property interests, but also all kinds of tangible and intangible profits sufficient to meet human demand and desire.
Therefore, it is false to a person who is in a credit condition that is unable to obtain a loan by normal means as the defendant.