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

However, for two years from the date this judgment becomes final and conclusive, the execution of the above fine.

Punishment of the crime

In using and managing the means of access, no one shall be allowed to borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in other Acts.

Nevertheless, around March 16, 2020, the Defendant: (a) heard a proposal from a name-free person who assumes the lending company’s staff member; and (b) sent a physical card connected to the Busan Bank’s account (B) that was used by the Defendant at the Busan Bank’s post office (B) around March 24, 2020, the Defendant sent one copy of the physical card to the name-free person; (c) around that time, the Defendant sent the number of the physical card to the Kakao Stockholm.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

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

1. Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act regarding facts constituting an offense, the choice of fines, and the choice of fines - The Defendant appears to allow the Defendant to deposit and withdraw money in the account linked to the above physical card in the C’s name. Thus, it is determined that the Defendant arbitrarily allowed another person to engage in transactions using the means of access leased by the Defendant in order to obtain a loan.

Therefore, the crime of violating the Electronic Financial Transactions Act is established.

1. Articles 70 (1) and 69 (2) of the Criminal Act for confinement in a workhouse (in cases where a sentence of suspended execution of punishment is invalidated or revoked and the defendant fails to pay a fine);

1. Circumstances, such as the background leading up to the instant case and the offense, the Defendant’s difficult economic condition, and the history of punishment for a long time, by deceiving a person who has been unaware of his name under Article 62(1) of the Criminal Act, and other conditions of sentencing as shown in the pleadings and records, such as the Defendant’s age, character and conduct, environment, occupation, motive and consequence of the offense, and the circumstances after the commission of the offense.