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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Punishment of the crime

No person shall borrow or lend any electronic financial transaction access medium while promising to make a consideration.

On December 14, 2017, the Defendant received a proposal from a person without his/her name to provide 30,000 won by accumulating a transaction performance for six months and lending 30,000 won to the above person without his/her name. When sending two copies of the e-mail card, the Defendant consented to the proposal. On December 16, 2017, around December 16, 2017, the Defendant’s name cooperation account (Account Number B) and C bank account (Account Number:D) in the name of the Defendant before the new road located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, Seoul, and notified the above nameless person via Kwikset Service that he/she opened the e-mail card two pages connected to the e-mail bank account (Account Number:D) and the above nameless person by telephone.

Accordingly, the defendant promised to lend intangible profits to him at low interest, and lent the access media of electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to each investigation report (Attachment of a seizure warrant data / Additional data on replys to details of transfer);

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

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. The act of lending a medium of access to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act is a serious crime that can be used for a crime such as tax evasion, gambling, and Bosing. The fact that the cream card lent by the Defendant was actually used for the crime of fraud is disadvantageous to the Defendant.

However, there are some circumstances to consider the transfer of physical cards to secure transaction performance in the process of lending by the defendant, and the defendant did not acquire profits from the crime of this case.