Text
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Criminal facts
No person shall borrow or lend, or store, deliver or distribute, any access medium with the knowledge that it is intended to be used for a crime or intended to be used for a crime.
Nevertheless, at around 10:19 on November 28, 2017, the Defendant: (a) made a false transaction performance and received a so-called so-called “illegal work loan” from a lending company in the name of "C; (b) obtained a loan by deceiving the lending company in a false transaction performance; and (c) sent one physical card, which is an access medium to the bank deposit account (Account Number:D) in the name of the Defendant, using Kwikset to send a new bank account in the name of the Defendant to a person whose name is unknown, while informing him of the relevant account number and password as Kakao Stockholm.
As a result, the Defendant lent access media with the knowledge that it will be used for a crime or used for a crime.
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. The details of transactions of automated machines, inquiry into account details of account transactions, and application of statutes on the contents of Kakao Stockholm messages;
1. Article 49 (4) 2 and Article 6 (3) 3 of the Act on Electronic Financial Transactions for the crime;
1. Selection of a selective fine for punishment (the following circumstances are taken into account: (a) the Defendant has divided and reflected the instant crime; (b) economic difficulties are expected to result in the instant crime; and (c) there are no records of criminal punishment other than a single fine; and (d) on the other hand, the Defendant’s access media lent to the Defendant used to commit the instant crime for licensing);
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;