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

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

Nevertheless, around December 12, 2019, the Defendant received a proposal from a non-personally named Kakakakao mobile (hereinafter “Kakakao mobile”) and consented to the proposal that “When sending the Kakao mobile card, the Defendant would have a loan by opening money to the account and withdrawing money,” and then sent a physical card (D) connected to the Defendant’s account in the name of the Defendant before the Defendant’s home located in Daegu Seo-gu Seo-gu, through Kwikset Service Delivery Officer, and notified the password of the above account by telephone.

As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to the details of transactions of entry and withdrawal, customer information inquiry table, general status of provision of information;

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 grounds of sentencing under Article 334(1) of the Criminal Procedure Act is likely to seriously affect society by not only impairing the safety and reliability of electronic financial transactions, but also creating a large number of victims by abusing the means of access, such as financial fraud, etc.

In fact, the means of access that the defendant lent was used for financial fraud crimes.

Considering these circumstances, it is true that there is a need for strict punishment against the defendant.

However, the reason is that the defendant does not repeat again after recognizing the crime of this case.