Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall borrow or lend any access medium necessary for electronic financial transactions, or store, deliver or distribute such medium while receiving, demanding or promising any consideration.

Nevertheless, if the Defendant borrowed the passbook from a person under his/her name to a third party, he/she was asked to offer KRW 100,000 per day of the passbook, he/she lent the approaching medium and received cash. On November 1, 2016, in keeping goods in the digital short area, Guro-gu Seoul Metropolitan Government 3 Dong-ro 124 subway 2, Dong-ro 3 Dong-ro 124 subway 2, one corporate bank bank (Account Number B) and one new bank passbook (Account Number: C) in the name of the Defendant and received KRW 1.7 million in return for the issuance of each password of the above passbook to the above person under his/her name by transmitting it to a text message.

As a result, the Defendant received and paid the price for the access media necessary for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A remittance statement;

1. Application of Acts and subordinate statutes on banking transactions;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The act of lending the access media for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, such as the instant crime, can be used for a crime such as Bosing, etc. In light of the fact that the Defendant appears to have actually committed fraud by using the access media, the nature of the crime is not somewhat weak.

However, the sentence shall be determined as ordered by comprehensively considering the fact that the defendant reflects his/her mistake in depth, the fact that there is no record of criminal punishment before, and the conditions of sentencing as shown in the records and theories of changes.