Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising to receive, demand or promise the consideration in using or managing any access medium of electronic financial transactions.

On July 16, 2018, the Defendant: (a) received a proposal from a person in unsound name, who misrepresented his employee of a liquor company, to lend a physical card to be used for tax evasion; (b) consented; and (c) on the same day, the Defendant sent the physical card, which is linked respectively to the account of an enterprise bank (Account Number: D) and the account of E in the name of the Defendant in Yeongdeungpo-gu Seoul Metropolitan Government (Account Number:F).

Accordingly, the Defendant promised to pay for the price and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement of the police statement related to G;

1. Provision of financial transaction information;

1. Application of Acts and subordinate statutes to investigation reports (a copy of passbook of a corporate bank);

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Article 40 and Article 50 of the Criminal Act, the selection of penalties, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The act of lending a medium of access to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act is highly likely to be used for a crime such as tax evasion, gambling, and singishing, and thus, the relevant social malicious crime was committed. In fact, the Defendant’s access media was used for fraud and the victim was generated.

However, it seems that there is no benefit to the defendant actually acquired through the crime, and the defendant does not have any previous conviction, and the sentencing factors such as the motive and background of the crime, the circumstances after the crime, the age, sexual conduct, and the environment shall be determined by considering the factors of sentencing.