Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

No person shall transfer or acquire a means of access.

Nevertheless, at around 11:22 on January 2, 2019, the Defendant: (a) granted a loan to a person who was named as a personal loan service provider in front of the C Association located in Gangnam-si B, and (b) sent a physical card to him/her in order to obtain a loan because he/she must directly withdraw the principal and interest, and (c) sent it through a person who sent a physical card connected to the Defendant’s name C Association’s account (D) and a person who sent a name and a password, stating the name and a password.

Accordingly, the Defendant transferred the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of a warrant for search, seizure, and verification (application of a financial account), and statutes on warrant correspondence data;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The following grounds for sentencing under Article 334(1) of the Criminal Procedure Act are the circumstances unfavorable to the defendant.

The Defendant’s act of transferring the means of access to another person, like the instant crime, needs to be strictly punished inasmuch as it can be used as other means of crime, such as singishing.

In this case, the means of access transferred by the defendant was used for the crime of Bophishing fraud, causing damage.

On the other hand, the fact that the defendant acknowledges and reflects the crime, and that there is no record of punishment for the same kind of crime.

In addition, the punishment shall be determined as ordered in consideration of the various sentencing conditions shown in the records and arguments of this case, such as the age, character and conduct, environment, circumstances after the crime, and circumstances after the crime.