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Defendant shall be punished by a fine not exceeding five million won.
Where the defendant fails to pay the above fine, one million won shall be the one day.
Reasons
Punishment of the crime
In using and managing a means of access used in electronic financial transactions, no one shall borrow or lend a means of access or keep, deliver or distribute a means of access while demanding, demanding or promising compensation, unless otherwise expressly provided for in any other Act.
On January 10, 2019, the Defendant received a demand from the person who was the weak name of the lending business entity to lend up to three million won, “it is possible to lend to 24% per annum. It is necessary to use the e-mail card due to tax issues, sent the e-mail card.” On January 12, 2019, around January 12, 2019, the Defendant sent one e-mail card connected to the account of community credit cooperatives (D) in the name of the Defendant at the e-mail office located in Jeju-si, and lent the e-mail card, which is a means of access, to inform the person who was the weak name through telephone.
Summary of Evidence
1. Statement made by the defendant in this court;
1. Statement of the suspect interrogation protocol on the accused prepared by the police;
1. Statement of statement E prepared by the police officer;
1. Entry of a written appeal in E preparation;
1. Application of each Act or subordinate statute of a written confirmation of service use and a copy of an application for deposit transaction;
1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;
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 is 【The scope of applicable sentences under the law】 A fine of KRW 50,00,000 to KRW 20,00,000,000 for a fine of KRW 5 million: the defendant had a record of having been issued a summary order of KRW 3 million from the Jeju District Court on November 16, 2018 as an offense of violating the Electronic Financial Transactions Act; the lending of the means of access means of facilitating various crimes, such as tax evasion, Internet gambling, and scaming, thereby causing serious social harm.