Defendant shall be punished by a fine of two 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 while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on April 2019, the Defendant received a proposal to the effect that “on the face of sending a physical card, the Defendant would have a loan by raising the transaction performance” from a person who was not the deceased in the name of the Defendant, and consented to the proposal, and around the 20th day of the same month, the Defendant issued a bank account (Account Number: E) in the name of the Defendant on the front side of the Jinhae-gu Seoul Special Metropolitan City B Apartment-dong, Changhae-si, and sent a new text message to the deceased in the name of the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of statutes on financial transaction information;

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 on the provisional payment order was that the means of access leased by the Defendant was used for the crimes of licensing, and the secondary damages actually occurred.

However, in light of various circumstances, such as the defendant's age, character and conduct, environment, and circumstances after the crime, the punishment as ordered shall be determined by taking into account the following factors: (a) the defendant's perception and reflection of the crime; (b) the first offender without any previous conviction; and (c) the criminal organization's deception and the circumstances leading to the case.