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 borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

At around 14:00 on December 4, 2019, the Defendant received a text message for a loan, and contacted a nameless person, and proposed that “a loan can be made at low interest, but the credit rating should first be obtained, and if the account number should be notified as to the transaction records of the passbook, deposit money to the account, and withdrawal of the deposited money from the account number, the account number (B) of the national bank in the name of the Defendant was notified, and Bosing victim C remitted remitted KRW 58.9 million to the above account from the above date to the fifth day of the same month, the Defendant sent an authorized certificate necessary to withdraw the above money to the nameless person, and notified the identification number and theOTP number.

As a result, the Defendant promised to receive a future loan in return for an intangible benefit, and lent the means of access to electronic financial transactions to a person who is not aware of the fact.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. The reply to the request for financial transaction information [the defendant and his/her defense counsel provided the means of access to the transaction performance for the purpose of lending, and thus, it does not receive the promise and lend the means of access. The term "loan of access media" under Article 6 (3) 2 of the Electronic Financial Transactions Act refers to the act of lending the means of access to another person temporarily without managing and supervising the means of access to use the means of access (Supreme Court Decision 2016Do8957 Decided August 18, 2017).