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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 person shall, with respect to the use and management of a means of access, borrow or lend a means of access or store, deliver or distribute a means of access with the knowledge that such means are to be used for a crime or to be used for a crime.
Nevertheless, on February 19, 2019, the Defendant received a proposal from a person whose name he/she was misrepresented with B, to the effect that “if he/she sent a physical card, he/she would make a work loan by sending it, and then return it.” On the same day, the Defendant sent a copy of the physical card connected to the post office account in the name of the Defendant using convenience store at the E-store near the DIC located in Gyeong-gun, Gyeongbuk-gun, and on the same day.
Accordingly, the Defendant knowingly lent the means of access used in electronic financial transactions.
Summary of Evidence
1. Defendant's legal statement;
1. A statement prepared in F;
1. Application of Acts and subordinate statutes to the details of transfer and report on internal investigation;
1. Relevant Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning criminal facts, the selection of punishment, and the selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. In particular, the reasons for sentencing under Article 334(1) of the Criminal Procedure Act should be taken into account such as the Defendant’s reflectivity, absence of the same record, the extent of damage caused by the means of access (2 million won) and the fact that the said damage has not been recovered.