Defendant shall be punished by a fine of KRW 4,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall issue a transaction request in electronic financial transactions or lend a means of access used to secure the authenticity and accuracy of users and the details of such transaction at the same time.

Nevertheless, around October 23, 2018, the Defendant received a proposal that “5 million won loan is possible, and the repayment method shall be 90,000 won is a condition for 90,000 won loaned from a person who was aware of a mobile phone loan text message through the mobile phone loan text message. The method of repayment shall be the time the monthly repayment is remitted to the account in the name of the principal.” Accordingly, the Defendant sent the check card to the account in the name of the principal. In addition, around October 24, 2018, the Defendant sent the check card, etc. connected to the Defendant’s community credit cooperatives (D) account in Kimhae-si, Kimhae-si.

Accordingly, the defendant provided a loan to the means of electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

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

1. Relevant legal provisions concerning facts constituting an offense and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act that choose a sentence (generally, choice of fines);

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 of the Criminal Procedure Act, the sentence shall be determined as ordered in full view of all the various circumstances, including the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: The means of access that the defendant has passed is actually used for the crime of telecommunications-based financial fraud; circumstances favorable to the punishment of multiple types of crimes: The defendant repents and reflects the defendant's mistake; and there is no previous conviction in excess of the same kind of fine or fine.