1. The defendant shall be punished by a fine of one million won;

2. If the defendant does not pay the above fine, 10,000 won.

Punishment of the crime

Except as otherwise expressly provided, no one may borrow or lend a means of access while receiving, demanding or promising any compensation in order to make any transaction request in financial transactions or to secure the authenticity and accuracy of users and transaction details.

On June 17, 2019, the Defendant promised to provide a loan to the Kwikseter in the street near C Hospital B, which is located on the racing-si. On June 17, 2019, if the Defendant sent a physical card necessary for the repayment of principal and interest from his name in return, and delivered a physical card connected to the new bank account (D) in the name of the Defendant, the means of access to electronic financial transactions.

Accordingly, the defendant promised to receive compensation and lent the means of access to electronic financial transactions.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Attachment: The Defendant asserts that, insofar as it cannot be seen as “loan,” the certificate of transfer [the Defendant’s possession of the means of access is merely a mere one of the means of access for the purpose of obtaining a loan.” The term “loan of the means of access” under Article 6(3)2 of the Electronic Financial Transactions Act refers to the act of lending the means of access so that another person may temporarily use the means of access without managing and supervising the means of access while demanding, demanding or promising the payment (see, e.g., Supreme Court Decision 2016Do8957, Aug. 18, 2017). According to the records of this case, the Defendant agreed to receive a loan and delivered the physical card connected to the financial account in his/her name to Kwikset Service, and the benefit of lending is also deemed as the “price” of the means of access delivery. The Defendant’s delivery to Kwikset service engineer delegated by a person without name may use the means of access without his/her own supervision.