Text
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
In using and managing a means of access, no one shall borrow or lend a means of access or keep, deliver or distribute a means of access while demanding, demanding or promising compensation, unless otherwise expressly provided for in other Acts.
On January 29, 2019, the Defendant sent a text message stating that “I would pay the price if I lend the e-mail card” with the number that cannot be known at A.M. around A.M., the Defendant borrowed two copies of the e-mail card to the above-mentioned person and received 4,800,000 won in return.
At around 15:00 of the same day, the Defendant sent to Kwikset Service Articles the above-mentioned name in front of the B apartment and C entrance in Incheon Gyeyang-gu, and the above-mentioned name in front of the above-mentioned name boxes, two copies of the physical card connected to the D Bank account (E) and the post office account (F), and sent the password of each of the above accounts to G message.
Accordingly, the Defendant promised to pay compensation and lent the means of access to electronic financial transactions.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of H;
1. Each investigation report (case concerning confirmation of the route of movement of 10 million won or more, and case concerning Account Name A);
1. A certificate of confirmation of transfer of damage amount;
1. Application of the Acts and subordinate statutes governing response data to financial companies (D banks) and specifications of transactions of deposits and withdrawal;
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;