If the defendant does not pay the above fine, KRW 100,000.

In using and managing the means of access, no one may lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, around March 23, 2020, the Defendant received the proposal that “I will create a transaction performance and make loans after raising credit points,” from a person who assumes a false name representing B Bank C agency,” and on the same day, prior to the departure of the 631st airport in Gangseo-gu Seoul Metropolitan Government, the Defendant sent a physical card connected to the D Bank account in the name of the Defendant and a physical card connected to the E Bank account in the name of the Defendant, via Kwikset service article, and notified the password by telephone.

As a result, the Defendant promised to receive a future loan in return for an intangible expected profit, and lent the means of access to a person with no name.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Details of account transactions with the D Bank, and details of account transactions with the E Bank;

1. Application of Acts and subordinate statutes on remittance of damaged funds;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. The Defendant’s liability for the crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is not exceptionally applied in light of the following: (a) the safety and reliability of electronic financial transactions are harmed; and (b) it is necessary to strictly punish the Defendant as a means of other crimes.

However, the Defendant recognized the facts charged and is in profoundly against the Defendant, and there is no record of criminal punishment prior to the instant crime, and the Defendant’s profits are almost nonexistent and rather they are damaged, considering the favorable circumstances for the Defendant. The Defendant’s age, character and conduct, health status, family relationship, and means of committing the instant crime.