Text
Defendant shall be punished by a fine of KRW 3,000,000.
Where the above fine is not paid, 100,000 won shall be one day.
Reasons
Punishment of the crime
In using and managing the means of access to electronic financial transactions, no one shall transfer or acquire any means of access, receive, request or promise any compensation, receive or lend the means of access, or keep, deliver or distribute the means of access, unless otherwise specifically provided for in any other Act.
Nevertheless, around September 24, 2019, the Defendant received a proposal that “The Defendant would pay 3 million won in the short-term lease of the e-mail card as rental fee,” and accepted it, and around September 25, 2019, the Defendant transferred the e-mail card and 1 card password connected to the Agricultural Account (Account Number:D) in the Defendant’s residence located in Gangnam-gu Seoul Building C at the Defendant’s residence in Gangnam-gu Seoul Building C, to the Kwikset service engineer.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. A detailed statement of transfer of damage amount;
1. Application of the Acts and subordinate statutes on text and Kakao Stockholm conversations;
1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The sentencing criteria are not applied since the sentencing of Article 334(1) of the Criminal Procedure Act is sentenced to a fine for the reason of sentencing.
It is necessary to strictly punish the act of lending the means of access used in electronic financial transactions to assist other crimes such as singing frauds.
However, in consideration of the fact that the defendant has no criminal history of punishment, the fact that the defendant is divided into his/her errors, and other conditions of sentencing, such as the age, character and conduct of the defendant, the environment, etc., the punishment as the order shall be determined.