Text
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 means of access, no one shall borrow or lend any access medium, or store, deliver or distribute any means of access, unless otherwise specifically provided for in any other Act.
Nevertheless, the Defendant received a proposal from a person who was in a protruding site, stating that he would create a transaction performance and lend a loan, and around March 14, 2019, around 16:40, at the subway No. 4444, the subway No. 3, Dong Dong-dong, Eunpyeong-gu, Seoul, the Defendant sent a physical card that is linked with the Defendant’s name-oriented bank account (C) and the password necessary to use that physical card was known to D.
Ultimately, the Defendant promised the above intangible benefit of the lending, and lent the means of access for electronic financial transactions to the non-party.
Summary of Evidence
1. Defendant's legal statement;
1. E’s authenticity and written statements;
1. Application of the Acts and subordinate statutes on the transaction receipt and the details 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment inasmuch as the transfer of the means of access for electronic financial transactions can be used as a means of other crimes. In reality, even in this case, the fact that the means of access transferred by the defendant was used for the crime is unfavorable, or that the defendant fully acknowledges and reflects the crime, the fact that there is no criminal record exceeding the fine, and other conditions of sentencing under Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, health conditions, circumstances leading to the crime, means