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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
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 any other Act.
Nevertheless, around April 20, 2020, the Defendant received a proposal from the needy to “I would like to lend work loans. I would like to create a transaction statement to see that there is an occupation. If you send a physical card linked to the current account, I would like to secure a loan by accumulating transaction performance,” and agreed to do so, and around April 23, 2020, the Defendant sent a physical card connected with the Defendant’s name B bank account in the post office near the Seoul Northern-dong Library, Seoul Northern-dong, etc., to the designated place by the above name bearer, and then sent the said bank card to the designated place. At that time, the Defendant notified the above name titleholder of the account number and password.
As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes on account transactions, such as account transactions, and Kakao Stockholm dialogue;
1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The crime of lending the means of access to electronic financial transactions on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is a crime detrimental to the security and trust of financial transactions, and the leased cards, etc. may be abused as the means of other crimes. Although the means of access leased by the Defendant is actually used for the crime of Bophishing fraud, the Defendant’s intentional act is deemed as having been committed with willful negligence, and there is no actual profit and there is no record of criminal punishment as set forth in the Disposition above.