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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
No one shall, in using and managing a means of access, perform any act of providing, demanding or promising compensation, unless otherwise specifically provided for in other Acts.
Nevertheless, around August 21, 2019, the Defendant heard that, “B” message from a name-free person who assumes the staff of a lending company,” “B” and then, during this framework, a transaction of at least six million won should be made on the passbook details. On delivery of a e-mail card, the Defendant would make a transaction of at least six million won, and would make a loan of KRW 10 million.” On the same day, the Defendant issued a e-mail card, a means of access in the name-free bank account in the name of the Defendant, to the article of Kwikset service in the name-free city D.
As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.
Summary of Evidence
1. Defendant's legal statement;
1. A H statement;
1. Application of the Acts and subordinate statutes to reply to a warrant of search, seizure;
1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense; selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground that electronic financial transactions lent to another person for sentencing of the provisional payment order could cause damage to many and unspecified persons because they can be used for fraud crimes, such as singing, etc. In fact, considering the fact that the account of the means of access leased by the defendant was used for fraud, it is necessary to strictly punish the defendant.
However, all of the crimes of this case are recognized by the defendant, and the defendant seems to have no profit gained by the crime of this case, and there are other conditions of sentencing as shown in the arguments of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, etc.