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

On March 10, 2019, the Defendant received a proposal from the needy to the effect that “a loan will be made. If we deposit interest on loans in an account not used in ordinary course, we will withdraw interest every month, and then send the above account’s e-mail card and request the identification number to be known.” On March 20, 2019, at around 17:00, the Defendant sent one e-mail card linked to the e-bank’s account in the name of the Defendant at the Defendant’s residence located in Kimhae-si B apartment Co., Ltd., and notified the above e-mail to the above e-mail via Kwikset-si’s article of services, and then notified the password through F.m.

As a result, the Defendant promised to pay for the intangible expected interest of future loans and lent the means of access to the accused.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. Documents and written statements of G;

1. Application of Acts and subordinate statutes on deposit receipts;

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (Selection of Fine) concerning the selection of punishment;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that the Defendant would receive a loan from an influent person and send a e-mail card connected to the bank account under the name of the Defendant, with the intent to withdraw the interest by using the e-mail card, thereby receiving the payment, and not lending the means of access.

2. The Electronic Financial Transactions Act was enacted to clarify the legal relationship of the electronic financial transaction to ensure the security and reliability of the electronic financial transaction (Article 1). “The act of lending a means of access in the course of receiving, demanding or promising the payment” (Article 6(3)2), and punish a person who lends a means of access in violation of such provision.

(Article 49(4)(2).