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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
On December 21, 2018, the Defendant: (a) transferred a physical card to a national bank account (D) opened in the name of the Defendant on a proposal that he/she would use it for three days when he/she transferred the account from a person who has no name to his/her name; and (b) lent the means of access in return for the notification of a password to him/her.
Summary of Evidence
1. Defendant's legal statement;
1. A E-document;
1. Application of Acts and subordinate statutes for verification;
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 reason for sentencing under Article 334(1) of the Criminal Procedure Act lies in recognizing and opposing the crime.
The defendant is the first offender, and there is no economic benefit acquired by the crime of this case.
On the other hand, it is necessary to strictly punish the lending of the means of electronic financial transactions as it can be abused for other crimes as well as the security and reliability of electronic financial transactions.
The means of access lent by the defendant was actually used for the crime of Bosing, causing damage, and not recovered from damage.
In the above circumstances, the defendant's age, character and conduct, family relationship, family environment, motive and means of crime, and all the sentencing conditions shown in the records and arguments of this case shall be determined as ordered by considering the following circumstances.