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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 used in electronic financial transactions, no one shall borrow or lend a means of access while receiving, requesting or promising any compensation, unless otherwise specifically provided for in any other Act.
Around May 16, 2019, the Defendant received a proposal from a person who assumes a false name from a lender to the effect that he/she will give a loan if he/she sends a e-mail card, and that the Defendant would receive a loan for the purpose of receiving a loan.
5. At around 17.17. He sent a physical card connected to the D Association account (E) in the name of the defendant to the address designated by the above person who was not entitled to the above name, and sent the password of the card to the telephone.
Accordingly, the defendant promised to receive a future loan in return for an intangible expected profit, and lent the means of access used in electronic financial transactions to others.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement;
1. Application of the details of deposit transactions and the statutes governing G dialogues;
1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (Selection of Fine) concerning the selection of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order is based on the following factors: (a) the sentencing conditions of the instant crime; (b) the Defendant’s age, character and conduct; and (c) the following factors:
Unfavorable circumstances: The act of lending the means of access is necessary to punish it because it is used to impair the safety and reliability of electronic financial transactions and to commit Bosing and has a great social harm and injury; circumstances in which the means of access leased by the defendant is actually used to commit fraud: The confession and reflect by the defendant; and it is an initial criminal who has no record of criminal punishment.