Text
Defendant shall be punished by a fine of KRW 3,000,000.
Where 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 any other Act, no person shall borrow or lend any access medium, or keep, deliver or distribute such medium, with respect to the use and management of any access medium.
Nevertheless, on December 21, 2017, the Defendant received the text message stating that “The head of a Tong will be given 1.5 million won on the face of a week from lending the head of a Tong for three days,” and contacted the person under whose name the head of the Tong in Daegu-gu, Daegu-si, and sent the head of the physical card and the password connected to the post office account (B) under the name of the Defendant in the vicinity of the Seodaemun-gu, Daegu-gu, by using the phone number and the password connected to the post office account under the name of the Defendant.
As a result, the Defendant promised to pay for the access media for electronic financial transactions.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Inquiry into details of financial transactions, and application of the statutes for investigation reporting;
1. Relevant Article of the Act on Criminal facts, Articles 49 (4) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions in the Selection of Punishment, and Selection of Fines (Consideration of the fact that the defendant is the primary offender, and reflects his/her mistake);
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.