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

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

Punishment of the crime

[2018 Highest 3140] No person may lend a means of access under the Electronic Financial Transactions Act to another person while promising to receive compensation.

Nevertheless, around September 19, 2018, the Defendant received a proposal that “The payment of 2,400,000 won per sheet if he/she lends his/her physical card for three days” from the office located in Yongsan-gu B, Yongsan-gu, Yongsan-gu, Yongsan-gu, and sent 2,000,000 won per sheet to his/her name in the name of the Defendant (E) and the F Bank account (G).

Accordingly, the Defendant promised to receive compensation and lent the means of access under the Electronic Financial Transactions Act.

[2019 Highest 548] On October 28, 2018, the Defendant listened to the statement that “the Defendant would pay KRW 20,000 won per opening if he/she would open to the opening of the PP chip” on the Internet site,” and sent a photograph of the Defendant’s driver’s license and a copy of the prepaid chip with smartphone “H” to the Defendant’s driver’s license and a copy of the prepaid chip, and had the name poor person open one pre-paid chip in the name of the Defendant.

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for others' communications.

Summary of Evidence

[2018 Highest 3140]

1. Defendant's legal statement;

1. Statement to J police officers;

1. Investigation report (Attachment such as detailed statement of transaction);

1. Details of transactions of the F Bank Account (2019Sang548);

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes requesting provision of communications data;

1. Relevant Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense (a point of lending means of access), Article 97 subparagraph 7 of the Telecommunications Business Act, and the main sentence of Article 30 of the Telecommunications Business Act (a point of providing telecommunications services for communications of other persons);

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

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;