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Defendant shall be punished by a fine of 2.5 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 lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.
On November 2018, the Defendant received a proposal to the effect that, after recognizing a loan to a police officer, the Defendant reported the loan advertisement published in B as C, contacted with him, and sent it to him, and that he will use it for the repayment of interest. The Defendant accepted it, and around that time, lent two copies of the physical card linked to Kwikset-based service article through Kwikset-based service article.
Accordingly, the Defendant promised to receive future loans in return for intangible expected gains, and lent means of access to a person who is not aware of his/her name.
Summary of Evidence
1. Statement by the defendant in court;
1. A criminal investigation report (Submission of bankbooks, copies of bankbooks, and details of transactions-no details of transactions);
1. Application of C. D. Acts and subordinate statutes on dialogue
1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative fine for punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The conduct of lending the means of access to electronic financial transactions on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is highly likely to cause secondary damage, such as fraud, by opening up the possibility of abusing the accounts linked to others for other crimes, and thus, such social harm and injury is high.
In fact, the amount of damage caused by telecommunications-based financial fraud was remitted to the corporate bank account connected to the means of access that the defendant lent by the defendant.
However, the number of leased means of access was limited to two.
The defendant's means of access may be used in a false manner to enable the defendant to borrow a loan.