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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
In using and managing a means of access, no one may borrow or lend the means of access, or keep, deliver or distribute the means of access, requiring or promising any compensation therefor.
Nevertheless, on September 13, 2018, the Defendant called from a person who had misrepresented to B Bank C’s agent, that the Defendant would repeatedly receive loans of KRW 30,000,000 to the Defendant’s account when lending the Defendant’s e-mail card to the Defendant’s bank account. On September 13:30, 2018, the Defendant packaged two e-mail cards connected to the Defendant’s D Association E account under the name of the Defendant and F Bank G account in order to deliver the above e-mail to the said person. On September 13:30, 2018, the Defendant sent the e-mailed Kwikset service article sent by the said person who had not received the above e-mail from H in the front of Yongsan-gu Seoul Metropolitan Government.
In this respect, the defendant promised to pay and lent two physical cards, a means of access, to a person who is named.
[Defendant and defense counsel agree that the instant crime was committed by setting up transaction performance and providing loans. The Defendant’s act cannot be evaluated as “the act of lending means of access” under the Electronic Financial Transactions Act. “Price” under Article 6(3)2 of the Electronic Financial Transactions Act includes not only money, goods, and other property interests, but also all kinds of tangible and intangible profits sufficient to satisfy human demand and desire desire, and thus, intangible expected profits that include transaction performance and implement a loan to a person in a credit position who is unable to obtain a loan, and that includes any tangible and intangible profits sufficient to satisfy the loan, should be deemed as included in the above scope of consideration. Accordingly, Defendant’s assertion is not acceptable.”
1. Defendant's legal statement;
1. A written statement of I and J;
1. The results of the transfer, the certificate of details of each transaction account, the records of currencies, the photographs of letters and notes, the details of letters, the K dialogue; and