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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
In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising compensation, unless otherwise specifically provided for in any other Act.
Nevertheless, on February 26, 2019, the Defendant received a proposal from a person who has no personal name, stating that “When sending a physical card, he/she will create a transaction performance and lend KRW 4 million to the person who has no personal name.” On the same day, at around 20:00 of the same day, the Defendant sent one physical card connected to the bank account (Account Number D) in the name of the Defendant to the person who has no personal name in front of the apartment B apartment in the following city, and notified him/her of the password by text message.
As a result, the Defendant promised to lend the means of access in return for intangible expectation interest that can receive future loans.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of petitions, details of transactions, and Acts and subordinate statutes governing financial data replies;
1. Relevant legal provisions concerning criminal facts and Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act regarding the selection of punishment [the act of lending means of access, etc. prohibited by the Electronic Financial Transactions Act shall be selected by a fine, taking into account the following factors: (a) the act of lending means of access, etc., including the lending of a means of access, can be abused for crimes, such as singishing, tax evasion, gambling, etc.; and (b) the act of lending means of access has been committed as long as social abolition has been promised; (c) the actual occurrence of the victim of singishing, etc.; (d) however, the Defendant’s serious reflectness and no criminal history
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;