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 borrow or lend the means of access while receiving, demanding or promising any compensation therefor, or keep, deliver or distribute the means of access.

On August 16, 2019, the Defendant received a call from an indivist of his name from an associate post office located in Asan-si, Sinsan-si to the effect that “the Defendant sent a physical check linked to the account in the name of the debtor who will pay guarantee insurance fees necessary for loans,” and sent the physical check card connected to the account in the name of the Defendant B bank (C) by using the post office’s home page.

Accordingly, the defendant provided a means of access in return for the promise to receive an intangible expectation benefit that he/she can receive future loans.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes on deposits without passbook;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

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

1. Determination of sentencing of Article 334(1) of the Criminal Procedure Act requires consideration of the occurrence of a victim of a fraudulent crime using the means of access, and the absence of the same criminal record;