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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
In using and managing a means of access, no one shall engage in any act of lending any means of access in exchange for consideration, demand or promise, unless otherwise expressly provided for in other Acts.
Nevertheless, on August 2018, the Defendant heard that “on the face of sending a physical card, the Defendant would borrow a loan to KRW 90,000,000 at a low interest rate by accumulating the transaction performance from a person who was not the deceased in his name,” and around August 22, 2018, the Defendant issued a debit card, which is the means of access in the name of the Defendant, to a person who was not the deceased in his name, via the phone-based service.
As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement;
1. Application of Acts and subordinate statutes on response to financial transaction information;
1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;