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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
In using and managing the means of access, no one may borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.
Nevertheless, at around April 11, 2019, the Defendant sent a physical card connected to the Defendant’s bank account (C) in the name of the lending company from any other person whose name had not been revealed, to KRW 20,00,000,000,000,000 per month. For two months, interest should be paid while using and paying for the two months, and the principal may be repaid from three months to three months. When sending the C Card, the Defendant consented to the proposal that he/she will withdraw the interest and principal through the monthly account, and at around 15:00 on December 12, 200, the Defendant sent a copy of the C Card connected to the Defendant’s B bank account in the name of the Defendant, and notified the said person of the password of the C Card by using D’s message.
As a result, the Defendant promised to receive a future loan in return for an intangible expected profit, and lent a means of access for electronic financial transactions to others.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. Application of Acts and subordinate statutes on financial transactions and dialogues;
1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order lies in the circumstance that the defendant lent the electronic financial means of access in this case, the reason why the defendant actually committed Bosing fraud. Meanwhile, the defendant is the first offender. The defendant himself applies for the suspension of transaction in this case, the defendant recognizes his mistake and reflects his depth, and other defendant's age, character and conduct, intelligence and environment, relationship to the victim, motive, means and consequence of the crime.