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 a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, at around 16:20 on December 10, 2018, the Defendant, upon receiving the proposal that “A personal monthly office is possible from KRW 3 million to KRW 5 million. To be repaid interest on loans, the C card needs to be sent.” At around 13:00 on January 3, 2019, the Defendant sent one physical card connected to the D bank account (E) in the name of the Defendant from the Non-member of the above name, and notified the Defendant of the password’s password via the F message.

As a result, the Defendant promised to receive a future loan in return for an intangible expected profit, and lent a means of access for electronic financial transactions to a person who is named in the name.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared by G;

1. Evidence 1 (F dialogues) and evidence 2 (Details of Transfer of Damage Money);

1. Application of Acts and subordinate statutes to replys;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Act on the Provisional Payment Order harms the security of financial transaction, and the card lent by the Defendant was actually used for fraud.

However, the punishment shall be determined by taking into account the following circumstances: the Defendant was the first offender and did not obtain monetary benefits in the instant case; and the Defendant’s age, character and conduct, environment, motive, background, means and consequence of the crime, and circumstances after the crime.