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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 the means of access, no one may borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in other Acts.
Nevertheless, on June 5, 2019, the Defendant reported a loan advertisement and heard the phrase “it is possible to lend up to 20 million won. If the Defendant sent the check card being used, he will withdraw interest each month with the check card.” On the same day, at the convenience store located in the C Hospital located in Daegu-gu, Daegu-gu, the Defendant sent Kwikkseter service, who sent the non-maid winners, put one physical card connected to the account under the name of the Defendant under the name of the Defendant in the paper gambling and notified the non-maider of the password’s password.
As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. An investigation report (to submit a Account Name A and Kakao Stockholm message);
1. Application of Acts and subordinate statutes governing remittances, statements of transactions, subscription applications, and Kakao Stockholm messages;
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. The act of lending the means of access used in electronic financial transactions, such as the instant crime, on the ground of sentencing under Article 334(1) of the Criminal Procedure Act, requires strict punishment as an act assisting another crime, such as the singishing fraud, and the account of the Defendant lent by the Defendant is actually used for the singishing fraud, etc. When considering the circumstances unfavorable to the Defendant, the fact that the Defendant recognized the facts of the offense and divided, and the fact that the Defendant is the first offender, etc. are favorable to the Defendant.