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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
In using and managing a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising compensation, unless otherwise specifically provided for in any other Act.
Nevertheless, around July 8, 2019, the Defendant: (a) received a proposal from a person who assumes the “B Bank C Representation and the team leader of the D Company E” in a successive manner; (b) “In order to obtain a loan, the points of 800 points and 768 points are 32 points; (c) would make a loan by means of entering credit rates by drawing credit rates by drawing up the results of deposit and withdrawal transaction at the time of sending the C Card; and (d) accepted the loan at around 14:00 on the same day, at around 14:00, the Defendant sent the C Card and one C Card connected to the Defendant’s name B Bank Account (H) and one C Card and two C Card in total to be packaged in stuff, and sent the name, account number and password to Kwikset, and notified the phone by telephone.
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 is not aware of his name.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of K;
1. Application of Acts and subordinate statutes on transfer transactions;
1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (Selection of Fine) concerning the selection of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act
1. The gist of the assertion is that the Defendant, from a person who is C’s agent, did not lend the means of access, a payment is made for the transfer of a physical check at the end of the false statement that the C’s lending process requires.
2. Determinations are to ensure the security and reliability of electronic financial transactions by clarifying the legal relationship of such transactions.