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Defendant shall be punished by a fine of KRW 5,000,000.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
Except as otherwise expressly provided for in other Acts, no person shall transfer or take over any access medium or promise to receive any consideration in using or managing such medium, and lend or take over such access medium.
Nevertheless, on September 4, 2017, the Defendant: (a) lent an account from a person without his name to a third party for three days; (b) lent an access medium to the account; and (c) thought to acquire cash; and (d) sent the above physical card to a person with no name, sent the card connected to the SC Japan bank account (C) and the physical card connected to the CC bank account (C) opened in the name of the Defendant through Kwikset Service, and sent the password of the said physical card to a Kakao Stockholm x.
As a result, the Defendant promised to pay for the access media used in electronic financial transactions.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Documents available for public inspection;
1. Written statements of D;
1. Application of Acts and subordinate statutes on warrant of seizure and reply;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;
1. Selection of an alternative fine for punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. While recognizing that the act of transferring the access media, etc. of financial institutions, such as the instant crime, is used for a crime that has a great socially and economically harmful impact, such as phishing, etc., the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the legislative intent of the Electronic Financial Transaction Act is to strictly punish the act of transferring the access media, etc. of financial institutions.
The defendant shall receive the access media in three million won each, and the defendant shall make a report on the extension of two copies.
In principle, punishment is required.
However, the defendant is a first offender, and he is now cherbing in depth his behavior.
(b) other.