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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 a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.
Nevertheless, at around 15:00 on July 22, 2018, the Defendant received a proposal that “a loan may be made according to credit rating, and the delivery of a hybrid card shall be made through repeated tests in order to obtain a loan,” from a person who misrepresents his/her employees in front of the Defendant’s residence in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, with the aim of obtaining a loan, and then sent a e-mail card connected to the company’s bank account (C) under the name of the Defendant to the above employee and sent the e-mail card to the above employee, and the password of the e-mail card was notified through D.
As a result, the Defendant promised to lend means of access used in electronic financial transactions to others in return for intangible expectations that can receive future loans.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes on statements of transactions by account and statement of transactions by account;
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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act unfavorable to the reasons for sentencing: The lending of the means of access is highly likely to be used for various crimes, such as tax evasion, gambling, fraud, etc.; circumstances favorable to the defendant's lending of the cream card actually used for the crime of fraud: The defendant reflects the crime; there is no economic situation with the recipient of basic living security; there is no record of punishment for the same kind of crime; and there is no record of criminal punishment after 2005.