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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
1. In using and managing a means of access on August 1, 2019, no person may lend the means of access by demanding or promising to receive compensation therefor.
Nevertheless, the Defendant is expected to lend 4 million won at the interest rate of 2% per month from a person who assumes a false name that assumes the “B” employee of the lending company,” and the Defendant must send a check card to pay interest.
“Around 16:00 on August 1, 2019, at the front of the Defendant’s house located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, the paper, stating the physical card connected to the Defendant’s bank account (D) and the passwords of the above physical card, was delivered to the Defendant via Kwikset Service. Accordingly, the Defendant promised to receive intangible expected profits that may receive future loans and lent the means of access to the Defendant’s name in return for the promise to lend the means of access to the Defendant. On August 2, 2019, the Defendant was planned to lend the Defendant “E” at the interest rate of 2% per month from the bearer of the name misrepresentation who assumes the Defendant’s “E” from the lender’s employees, and sent the physical card to the Defendant’s bank account under the name of Kwikkset’s name (hereinafter “C”) at around 100:0, Aug. 22, 2019.
As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access to a person who is not his/her name.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning G;
1. Application of each investigation report (victim's telephone statement),/ (Hearing of Suspect's Statements)/ (Hearing of Police Officers in charge) and statutes on Kakakao dialogue data;
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. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;