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.

On August 2019, the Defendant listened to the statement that he was aware of at the Internet website that “if the account is unable to use the passbook, if the account is lent, 5-600,000 won per account and 3-4 weeks will be used and returned.” From the end of August 2019, the Defendant sent a e-mail card connected to the Defendant’s name-based bank account (E) and a e-mail card connected to the Defendant’s name-based bank account (G) at the seat of the 2nd convenience store in Daegu-gu, Dong-gu, Seoul and the e-mail card connected to the Defendant’s name-based bank account (G) at the end of August 2019.

As a result, the defendant promised to pay compensation and lent the means of access to his name in return.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the H's certificate of transfer of a copy of the H's statement, each response to financial information, details of the D Bank's account, and the F Bank's account details statutes

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Selection of a fine for elective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, lending of the means of access for electronic financial transactions may impair the security and reliability of electronic financial transactions and be used as a means of other crimes. Thus, the nature of the crime is not good, and the means of access leased by the defendant seems to have been actually used for the crime of fraud is unfavorable.

However, the argument of this case, such as the defendant's age, character and conduct, environment, family relationship, means and result, circumstances after the crime, etc., is that the defendant led to the confession of the crime of this case and the mistake is divided, there is no benefit acquired by the crime of this case, there is no record of criminal punishment.