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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Criminal facts
No person shall, in using and managing the means of access to electronic financial transactions, borrow or lend the means of access or keep, deliver or distribute the means of access while demanding, demanding or promising compensation.
1. On June 19, 2019, the Defendant: (a) received a proposal that “the principal and interest of the loan will be released from Kakao Stockholm to be deposited in the account in the name of the Defendant in the name of the Defendant at the street near the Defendant’s company located in YY-gu Busan Metropolitan City, Busan; (b) received the proposal that “the principal and interest of the loan will be deposited in the account in the name of the Defendant; (c) would be released from our country; and (d) gave consent thereto; and (d) lent the means of access used in electronic financial transactions in the name of the Defendant to obtain the loan, such as providing Kwikset with one check and password connected to the account (D).”
As a result, the Defendant promised to receive intangible prices such as receiving loans and lent the means of access to electronic financial transactions.
2. On June 19, 2019, the Defendant: (a) received a proposal from a person under whose name the Defendant misrepresented the lending business entity to the effect that he/she would proceed with the lending if he/she sent a physical card from an account in which he/she would pay the principal and interest of the loan; and (b) accepted it; (c) around June 20, 2019, the Defendant sent one physical card connected to the Fbank account in the name of the Defendant at the 8th office of the Seo-gu Office of Busan building, Seo-gu, Busan, via Kwikset Service Articles.
As a result, the Defendant promised to lend the means of access in return for intangible expectation interest that can receive future loans.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to H and I;
1. Application of Acts and subordinate statutes on account transactions (A), such as financial institutions, letters of credit (C Bank, J Bank, and F Bank);
1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act and the choice of fines for criminal facts;
1. The former part of Article 37 of the Criminal Code among concurrent crimes.