Defendant shall be punished by a fine of five 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 a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, on July 19, 2019, the Defendant: (a) received a proposal from “B” that misrepresents a credit service provider with the name of “B to provide a loan to KRW 20 million by accumulating transaction performance; and (b) subsequently, around July 19, 2019, at a branch office located in the permanent residence of the Defendant, he/she provided a personal identification card connected to the bank account in the name of the Defendant (number : E) using a cellular phone, and notified the password using a cell phone.

As a result, the Defendant promised to receive a future loan in return for the intangible expected interest, and lent a means of access for electronic financial transactions to a person who is not aware of his name.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Details of transfer, a warrant of search, seizure and verification, details of account transactions, and application of Acts and subordinate statutes;

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 ground of the sentencing of the provisional payment order is as follows: (a) it is necessary to strictly eradicate the lending of the means of access, such as the instant case, because it is highly likely to be abused for crimes that have great social harm, such as tax evasion, gambling, telephone financial fraud, etc.

In fact, the means of access that the defendant lent was used to commit fraud, causing damage.

In addition, the punishment shall be determined as per the order, comprehensively taking into account the various sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, environment, and circumstances after the crime.