Text
Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
Except as otherwise expressly provided for in any other Act, no one shall borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising to receive any consideration in electronic financial transactions, such as an electronic card, electronic information equivalent thereto, certificate, password, etc.
Nevertheless, on May 27, 2017, the Defendant received a proposal that he would lease a e-mail card from a person without his name to a third party at a point located in Suwon-si B, and sent a e-mail card to a person with no name to a third party by visiting the e-mail card (Account Number:D) and lent an access medium with a promise to inform the person with no name to pay the password by telephone.
Summary of Evidence
1. Statement by the defendant in court;
1. Each reply material;
1. Application of Acts and subordinate statutes on text messages;
1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant receives KRW 600,000 per day and transfers an access medium; (b) the Defendant’s access medium was used for the commission of a trade fraud; and (c) the Defendant’s transfer approach medium was disadvantageously excessive; (d) the transfer approach medium was only one person; (e) the Defendant did not have any criminal record exceeding a fine; and (e) the Defendant’s account appears to have been used for the commission of a daily crime; and (e) the Defendant’s account is considered to have been used for the commission of a daily crime.