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

No person shall lend any access medium, etc. with the promise of a price to any third person to use a cash card or a password necessary for using a cash card which is an access medium to electronic financial transactions, a user number registered with a financial institution or an electronic financial institution.

Nevertheless, at around September 21, 2017, the Defendant received a proposal from a person in unsound name (“D Company E division, and if the account is leased for three days because it is necessary to save taxes, it would give KRW 2 million per opening,” and sent three copies of the physical card connected to the Defendant’s new bank account (F), the national bank account (G), and the Kakao Bank account (H), respectively, by using three telephone lines, and promised to lend the password to a person in unsound name by using a mobile phone hosting.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A copy and a written statement of the I;

1. Verification of transaction details, details of account transactions, and opening of accounts;

1. Investigation report (related to collection books of physical cards) and photographs of carrier;

1. Responses to requests for cooperation in investigation and the application of Acts and subordinate statutes on transport data;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: Lending an access medium for electronic financial transactions need to be strictly punished because it can be used as a means of other crimes. In fact, even in this case, the circumstances in which the access medium leased by the defendant was used for the crime of fraud: one's mistake is recognized and contradictory, and there is no record of the same kind of crime, and the defendant's age, sex, environment, and crime is committed in such circumstances.