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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 the means of access while receiving, demanding or promising any compensation therefor, or keep, deliver or distribute the means of access.
On May 23, 2019, at around 16:19, the Defendant received a call from an indivist of his name on the front of the Asan City B hotel, stating that “cock cards linked to the debtor’s account in which the principal and interest on the loan will be repaid,” and sent the cock cards connected to the Defendant’s name CKwikset’s (D) account, using Kwikset’s service.
Accordingly, the Defendant promised to receive an intangible benefit that he can receive a loan and lent the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes on remittance to victims;
1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Determination of sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order requires consideration of the occurrence of a victim of a fraudulent act using the means of access and the initial offender.