Text
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On February 12, 2019, the Defendant: (a) received the proposal that “I will give a loan if I send a e-mail card so that I may pay interest; (b) I sent a e-mail card from a person who has no name in the name of the Defendant; (c) at around 19:30 on the same day, I sent a e-mail card connected to the bank account in the name of the Defendant from the second floor of the e-mail-gu, Changwon-si, Changwon-si; and (d) sent a e-mail card to a person who has no name.
Accordingly, the defendant committed an act of lending a means of access to others in return for an intangible expected profit of receiving future loans.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement;
1. Application of Acts and subordinate statutes on the receipt of remittance, text, details of currency, details of account transactions, and electronic dialogue;
1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (Selection of Fine) concerning the selection of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order is based on the following factors: (a) the sentencing conditions of the instant crime; (b) the Defendant’s age, character and conduct; and (c) the following factors:
An unfavorable circumstance: The act of lending the means of access is necessary to punish it because it is used to impair the safety and reliability of electronic financial transactions and to commit Bosing and has a great social harm and injury; circumstances in which the means of access leased by the defendant is actually used to commit fraud: The confession by the defendant and there is no record of punishment for the same crime.