Text
Defendant shall be punished by a fine of KRW 2,000,000.
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 lend the means of access while receiving, demanding or promising compensation, unless otherwise specifically provided for in any other Act.
Nevertheless, around October 24, 2019, the Defendant: (a) received a proposal from a name-free person who misrepresented B as an employee of a lending company, to the effect that “the Defendant will lend at a rate of 15% per annum” to 30 million won; (b) sent the physical card as necessary for the lending work; (c) as a result of the loan work, he will return the physical card; and (d) accepted it; (c) around November 25, 2019, the Defendant sent one physical card connected to the above name-free person’s account (C) by registered mail at the Busan L/C post office located in Busan, Seo-gu Busan, Busan, by November 25, 2019; and (c) notified the password of the said physical card by telephone.
Accordingly, the Defendant promised to pay compensation and lent the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police statement protocol of D to the police statement photograph, the contents of the Kakao Stockholm conversation, the photograph of deposit details, the certificate of electronic financial transfer results, and the Kakao Stockholm photograph Act
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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;