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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
In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation therefor.
Nevertheless, around August 28, 2019, the Defendant accepted a proposal to the effect that “If you send a physical card, you will make it possible to obtain a loan by creating transaction performance” from a person with no personal name, and around that time, the Defendant sent a physical card to a person with no personal name card under the name of the Defendant through Kwikset service.
Accordingly, the defendant provided a means of access with the promise to receive an intangible expected profit to implement the loan.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. Application of Acts and subordinate statutes, one copy of a detailed statement of transactions by account and a photograph of the contents of a DNA conversation between a suspect and a person in unknown name;
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 provides for the following reasons: (a) the sentencing conditions of the instant crime; (b) the Defendant’s age, character and conduct; and (c) the following factors; and (d) the sentence shall be determined as ordered.
Unfavorable circumstances: 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 and reflect by the defendant; and it is an initial criminal who has no record of criminal punishment.