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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No one shall lend any access medium, such as an electronic card and password, with the promise of compensation.
Nevertheless, on January 2018, the Defendant would lend the physical card from a person who was in the name of a police officer in the middle of 2018 for three days.
“On the proposal, at around 16:00 on the 24th day of the same month, the Plaintiff agreed to lend the cream card to the above person without his name, and at around 16:00 on the 24th day of the same month, at C, a cream card connected to the Defendant’s name No. Nonghyup Bank’s account (D), the Defendant used the cream, and around that time, notified the above person of the password of the account’s name.
As a result, the defendant committed the above physical card and password, which is an access medium, to the above person without the name.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of remittance receipts or the results of execution of a warrant of search and inspection;
1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and the circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, shall be determined as ordered by taking into account the following circumstances:
Unfavorable circumstances: The access media that the Defendant lent was used to commit fraud (phishing).
There is a little amount of damage.
The favorable circumstances: The mistake is recognized and reflected.
It seems that there is no benefit gained by the defendant in reality.
Defendant has no record of the same crime.