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Defendant shall be punished by a fine of two 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, no one shall engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.
Nevertheless, on August 2018, the Defendant received a proposal that “on the face of sending a physical card, the Defendant would borrow a loan to KRW 20 million at a low interest rate by accumulating the transaction performance.” On August 29, 2018, at the order-based post office located in Gangseo-gu Seoul Special Metropolitan City on August 16, 2018, the Defendant issued a debit card, which is the means of access to B (C) account under the name of the Defendant, to the person in default of his/her name.
As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. A criminal investigation report (B reply data) and B reply statement of transactions;
1. Application of Acts and subordinate statutes to investigation reports (A submitted statement of account transactions);
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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;