Text
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
No person shall lend or receive any cash card, password, passbook, etc. necessary for the use of the cash card, etc., which is a medium access to electronic financial transactions issued by a financial institution, by receiving, demanding or promising to lend the same.
Nevertheless, on December 13, 2017, the defendant sent a physical card from a person who has no name to his/her name and can get a loan if he/she is informed of his/her password.
If a person obtains a loan, he/she shall return the check card three days after the loan.
“On contact, the Defendant’s account in the name of the Defendant was expressed in a way that enables to keep the account.
around 18:00 on December 19, 2017, at the Defendant’s accommodation located in Seocho-gu Seoul Metropolitan Government, the Defendant provided Kwikset service with one head of the physical card linked to the Defendant’s name bank account (C) and sent the password of the above physical card to the name-oriented person and D.
As a result, the Defendant promised to return the intangible expected interest to receive future loans in return for the future and lent the access media to the name influence.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. E’s written petition;
1. Application of statutes on details of financial transactions, notification of data on current status of financial transactions, and application of statutes on the closure of DNA messages;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions and the Selection of fines concerning facts constituting an offense;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. In light of the fact that the act of lending media access to the sentencing of Article 334(1) of the Criminal Procedure Act is abused as a means of other crimes, it is necessary to strictly punish the Defendant.
However, in full view of all the circumstances, such as the fact that the defendant recognized his mistake and did not repeat the crime, the first offender, the economic situation is difficult, the circumstances of the crime, etc., the sentence is ordered as ordered.