Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

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

On May 1, 2019, the Defendant reported an advertisement stating “to pay a certain amount of fee if he/she lends a physical card” on his/her Internet website, sent it to a person without the name of the Defendant, and consented to the proposal that “to give 500,000 won if he/she sent the physical card.” At that time, the Defendant notified the password of the physical card connected to the Defendant’s name B (C) by telephone, and sent one copy of the above physical card to the post office located in the B (C) of the Jeju-si.

Accordingly, the Defendant promised to receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Details of transfer, details of transition, application of search, seizure, verification warrant and new Acts and subordinate statutes;

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. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is disadvantageous to the lending of the means of access, such as the nature of the crime, and the fact that the means of access leased by the defendant was actually used for the crime of licensing.

However, it is advantageous to the fact that the defendant recognizes the facts charged and is against the defendant, and that the defendant is the first offender who has no record of criminal punishment.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes shall be determined as ordered by taking into account various sentencing conditions shown in the trial process of this case.

[Sentencing Criteria] - No sentencing criteria are set