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

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

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend the means of access, or keep, deliver or distribute the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, around April 8, 2019, the Defendant listened to the statement that he misrepresented the B head of the team in the name of the deceased, that “the head of the team in the name of the Defendant is 100,000 won per day, and the daily 100,000 won per day,” and consented to the statement that “the details of transactions should be made in order to use it as evidentiary materials, so our employees should deliver the card to her employees,” and then, around April 9, 2019, the Defendant sawd a copy of the physical card connected to the Defendant’s new bank account (C) in the name of the Defendant in the name of the deceased.”

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

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Data submitted to victims - Details of transactions;

1. Application of a warrant of search, seizure, and verification (application of financial account trend), and statutes on correspondence data of financial institutions;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

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

1. As to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act, the Defendant and his defense counsel asserted that the “price” under the Electronic Financial Transactions Act means the money or remuneration paid in response to the “lending, etc.” and that the lending of the means of access for employment or part-time use as the Defendant does not constitute the case.

The term "loan of access media" under Article 6 (3) 2 of the Electronic Financial Transactions Act means the user of the means of access, who has another person temporarily in receiving, demanding or promising the payment.