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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 borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in other Acts.
Nevertheless, around August 13, 2019, the Defendant sent 5,000,000 won to a person who was not the name of the Defendant and received the provisional approval procedure, the e-mail card is required. If the e-mail card used is sent, then the Defendant would withdraw the interest every month with the e-mail card after the provisional approval.” On the same day, the Defendant sent e-mail a e-mail card connected to the Defendant’s name bank account (E) from the e-mail-gu, Daegu-gu, to a person who was not the name of the Defendant.
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. The police statement concerning F;
1. Report on internal investigation (related to submission of the content of conversation between Kakakao and text messages);
1. Application of the Acts and subordinate statutes on the details of conversations, such as confirmation of origin, details of occurrence, replies related to the provision of financial transaction information, Kakaoo
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 act of lending the means of access used in electronic financial transactions, such as the instant crime, with the reason for sentencing under Article 334(1) of the Criminal Procedure Act, requires strict punishment as an act assisting another crime, such as the singishing fraud, and the fact that the cream card leased by the Defendant and the account of the Defendant connected thereto was actually used for the singishing fraud, etc. When considering the circumstances unfavorable to the Defendant, the Defendant recognized the facts of the offense and divided, and the fact that the Defendant is the first offender, etc.