Text
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
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 therefor, or keep, deliver or distribute the means of access.
On April 10, 2019, the Defendant sent a physical card linked to the account in the name of the obligor to repay the principal and interest of the loan, at the Defendant’s home, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Incheon, B apartment C, to his name, and sent the physical card connected to the Defendant’s name to the account in the name of the Defendant using Kwikset’s name.
Accordingly, the Defendant promised to receive intangible expectation interest that he can receive a loan and lent the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Certification of remittance results;
1. Application of the Acts and subordinate statutes on replies;
1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Sentencing of Article 334(1) of the Criminal Procedure Act regarding the sentencing of the provisional payment order in consideration of the occurrence of a victim of a fraudulent means of access using the Defendant’s leased means of access and the primary offender