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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
In using and managing the means of access, no one shall lend the means of access while receiving, demanding or promising compensation, unless otherwise specifically provided for in any other Act.
Nevertheless, on January 16, 2020, the Defendant received a proposal from a person who was not the name of the Defendant to the effect that “a business loan may be made by law. It is possible to lend up to a maximum of 70 million won with a loan from an overseas container purchase loan, and if sent with a B-C card which can be used in a foreign country, he will make a loan by creating a detailed statement of deposit and withdrawal from the company’s funds.” On January 20, 2020, the Defendant sent the C-C card connected to the Defendant’s account (D) in the Seoul High-Tech High-Tech postal concentration country where the Defendant works for the Defendant was sent to the address where the person who was not the name of the Defendant was notified, and at that time, notified the person who was the name of the beneficiary of the above C-C card.
As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement to E by the police;
1. Receipt for account transfer;
1. Letters and Kakao Stockholm details [the defendant and his defense counsel argued that the defendant did not lend the means of access in return for promising the "price" as stipulated in the Electronic Financial Transactions Act. However, the term "loan of access media" under Article 6 (3) 2 of the Electronic Financial Transactions Act refers to lending the means of access so that another person may temporarily use the means of access without managing and supervising the means of access to make electronic financial transactions. The term "price" refers to economic benefits that correspond to the lending of the means of access (see, e.g., Supreme Court Decision 2017Do16946, Jun. 27, 2019).