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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
No person shall borrow or lend any access medium, or store, deliver or distribute any access medium in receiving, demanding or promising any consideration in using or managing access medium used for electronic financial transactions.
Nevertheless, on September 2017, the Defendant issued a proposal that “I will return 30,000,000 won when you send a e-mail card” from the person who was unaware of the name of the employee of the liquor company in Gwangju Mine-gu, Gwangju, the Defendant sent the e-mail card connected to the account in the name of the Defendant to the above person without the name of the company.”
Accordingly, the defendant lent the access media in return for the promise of compensation.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the police statement protocol law to C
1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;
1. Selection of an alternative fine for punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Selection of a fine in light of the fact that the sentence of Article 334(1) of the Criminal Procedure Act does not have the same criminal record for the reason of sentencing and that it is against the recognition of the crime, but the amount shall be determined in consideration of the fact that it is a crime during the period of probation; and