No person shall borrow or lend, or store, deliver or distribute, any access medium with the knowledge that it is intended to be used for a crime or intended to be used for a crime.

Nevertheless, on August 19, 2020, the Defendant, who misrepresented B bank staff, can obtain a loan from a nameless person who assumes the name of the Defendant “in the case of a foreigner, he/she shall create the details of entry and departure transactions, and shall enhance the credit rating.

When sending a physical card, the contact was called “to provide a loan of KRW 20 million by creating a false transaction record, and obtain a loan by raising credit rating. At around 16:00 of the same day, Kwikset Co., Ltd, who sent the above name in front of D in Seoul Jongno-gu, Seoul, to the company bank account (E) in the name of the defendant, issued a copy of the physical card connected to the company bank account in the name of the defendant, and notified the password via Kakao Stockholm.

Accordingly, the Defendant lent access media with the knowledge that it will be used for the purpose of crime or crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The details of remittance of victims, the details of conversations, and each reply on transactions;

1. Answer of CCTV data from each withdrawn;

1. Application of Acts and subordinate statutes on internal investigation reports and response to communications data;

1. Relevant Article of the Act and Articles 49(4)2 and 6(3)3 of the Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 202) concerning criminal facts and a fine of two million won to suspend the sentence of a fine, which shall be imposed upon the person who will be sentenced to a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Although the Defendant’s financial account and e-mail card were used for the Defendant’s phishing crime on the grounds of sentencing under Article 59(1) of the Criminal Code of the Suspension of Pronouncement of Sentence ( considered as favorable circumstances to be examined on the grounds of sentencing), the Defendant committed the instant crime by deceiving a nameless person that the Defendant would make a loan.