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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
No one shall lend any means of access to electronic financial transactions while promising such consideration.
Nevertheless, on August 9, 2019, the Defendant received a proposal from a person whose name is unknown to the effect that he/she “to request to send a physical card to pay interest,” and consented to it. On August 2019, the Defendant sent a physical card connected with the Defendant’s name to a person whose name is unknown using Kwikset’s service, and then sent a password to the Kakao messages.
As a result, the Defendant promised to return a means of access to a person who is not aware of his/her name in return for an intangible expected interest of future loans.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. A criminal investigation report (Submission of a detailed statement on Kakao dialogue);
1. The application of statutes on the details of Kakao Stockholm conversations, account transfer statements, and the response data of financial institutions;
1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The act of lending the means of access used in electronic financial transactions, such as the instant crime, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, requires strict punishment as an act assisting another crime, such as the singishing fraud, etc., considering the circumstances unfavorable to the Defendant, such as the fact that the cream card leased by the Defendant and the account of the Defendant connected thereto was actually used for the singishing fraud, and the fact that the Defendant recognized the facts of the offense and is divided, and the fact that the singke card is the first offender, etc., shall be determined as per the order in consideration of