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Defendant shall be punished by a fine of KRW 3,000,000.
Where the defendant does not pay the above fine, one day shall be 10.
Reasons
Punishment of the crime
In using and managing the means of access, no one may lend the means of access while receiving, demanding or promising compensation, unless otherwise specifically provided for in any other Act.
Nevertheless, on May 9, 2019, the Defendant sent a physical card connected to the E Bank account in the name of the deceased who read “to use the C Bank card for three days if he/she lends it, and to give KRW 3 million per day.” On May 9, 2019, the Defendant sent the physical card connected to the E Bank account in the name of the deceased.
Accordingly, the Defendant promised to provide compensation and lent the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of police suspect regarding D;
1. The police statement concerning F;
1. Application of Acts and subordinate statutes of transfer confirmation certificate;
1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of 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;