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Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
In using and managing the means of access, no one shall transfer or acquire the means of access or promise to receive compensation unless otherwise specifically provided for in other Acts, nor shall he/she lend or receive the means of access.
Nevertheless, the Defendant lent the e-mail card from a nameless person to the Internet advertisement that provides 2 million won with a fee if he/she lends the e-mail card for 3 days. On February 25, 2019, the Defendant sent the above e-mail card to the nameless person by packaging the e-mail card (D) connected to the bank account in the name of the Defendant and the e-mail card (E) connected with the e-mail account in Geumcheon-gu Seoul, Geumcheon-gu, Seoul. On February 25, 2019, the Defendant sent the above e-mail card to the nameless person, and sent the password to the e-mail.
Accordingly, the Defendant promised to borrow a means of access used in electronic financial transactions to receive compensation.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol of the police statement concerning G;
1. Application of Acts and subordinate statutes on deposit;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative fine for punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;