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 such medium, while receiving, demanding or promising to receive, demand or promise any compensation.

Nevertheless, at around 11:30 on May 29, 2018, the Defendant received KRW 90,000 in return for lending the e-mail card to a telephone financial company operator who is not aware of his name for three days, and delivered the e-mail card and password connected to the e-mail account (C) of the Defendant’s name through Kwikset service article sent by the above telephone financial company operator.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on the certificate of transfer confirmation and details of victim account transactions;

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 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 there is no criminal record against the defendant, the punishment shall be determined by taking into account various factors of sentencing, such as the motive and background of the crime, the circumstances after the crime, the age, sexual behavior, and the environment.