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

In using and managing a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in exchange for compensation, demand or promise, unless otherwise expressly provided for in other Acts.

Nevertheless, at around 10:00 on December 10, 2018, the Defendant responded to the proposal that “the Defendant would give KRW 2,100,000,000 to a face-to-face account, because it is necessary to reduce or exempt taxes,” through text messages from the person who was not the deceased’s name, and then lent the means of access to the Defendant’s account by sending a copy of the physical card connected to the D Bank account (Account Number: E) to the Kwikset Service Articles who sent the deceased and notifying him of the password number by telephone, at around 20:0 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of text messages, details of transactions, and Acts and subordinate statutes governing bank correspondence data;

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Imposition of a fine of KRW 50,000 to KRW 20 million within the scope of the applicable sentences;

2. The sentencing guidelines are not set in the range of recommending sentencing. 3. The Defendant leased the check card connected to his bank account in his name to a person whose name could not be known.

This is not only likely to disturb the financial order in itself, but also social harm is very high, such as facilitating the crime of Bosing using the account.

Therefore, there is a great need to punish defendants strictly so that these crimes do not overlap.

However, the circumstances in which the defendant shows the form of reflection by recognizing the crime.