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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.
Reasons
Punishment of the crime
Except as otherwise expressly provided for in any other Act, no one may transfer any means of access to another person or lend any means of access with the receipt, request or promise of any compensation.
Nevertheless, at around 09:00 on April 4, 2019, the Defendant: (a) provided a loan by dividing the e-mail card into three accounts from a person without his/her name to a person with no name (21,000,000,000 if he/she sent the e-mail card); (b) provided a proposal that “the e-mail card should be deducted from the account to be sent from the e-mail card; and (c) sent the e-mail card of the account (F) opened in his/her name to a person with no name, and provided a password to the person with no name.
As a result, the Defendant promised to lend the means of access to others in consideration of intangible expectation interest that can receive future loans.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. The police statement concerning G;
1. Application of the Acts and subordinate statutes on the return of financial transaction information;
1. Relevant Article on criminal facts, Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act regarding the selection of punishment, and the selection of fines (the nature of the crime in this case is without fault, the confession and reflect of the defendant, the profits gained by the crime in this case are not significant, the profits gained by the crime in this case are not significant, the fact that only one fine was served on around 2004, and other circumstances shown in the argument in this case are considered);
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;