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Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
In using and managing a means of access, no one shall engage in any act of lending any means of access in exchange for consideration, demand or promise, unless otherwise expressly provided for in other Acts.
Nevertheless, at around 14:30 on February 11, 2019, the Defendant listened to and consented to the statement that “on the face of sending a physical card, the Defendant would give a loan,” and then delivered the physical card connected to the account in the name of the Defendant in front of B in the front of B in the west-gun, Chungcheongnam-do.
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. Statement of D police statement;
1. Application of Acts and subordinate statutes concerning specification of transactions;
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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Amount of a fine not exceeding 50,000 won to twenty million won in the scope of a punishment by law; and
2. In extenuating circumstances where a fine of 2 million won is imposed: The means of access, as in the instant case, leased is likely to be abused for crimes, such as singing, etc., which would cause severe social harm; circumstances in which the means of access leased by the Defendant is actually used in actual crimes: the Defendant appears to be against the instant case; and the primary offender is determined as per Disposition by comprehensively taking into account the Defendant’s age, character and conduct, environment, motive, means, results, etc.