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

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

No person shall borrow or lend a means of access by receiving, demanding or promising to receive any consideration for a cash card or a password necessary for using a cash card which is the means of electronic financial transactions, a user number, etc. registered with a financial institution or an electronic financial institution.

Nevertheless, around July 8, 2017, the Defendant received a proposal that “C” from a person who was not the deceased’s name in order to obtain tax reduction and exemption, and consented to the proposal that “C shall offer three million won in return for the loan of the passbook necessary for obtaining tax reduction and exemption,” and then, sent a copy of the physical card connected to the D Bank Account (Account Number E) in the name of the Defendant, and sent it to the person who was not the deceased’s name, and notified the secret code.

Accordingly, the defendant promised to receive compensation and lent the means of access to others.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Complaints and evidential materials;

1. Application of the Acts and subordinate statutes on replies;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

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

1. The act of lending to another person the means of access on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment inasmuch as it can be used as the tools of other crimes, such as Bosing, etc. In fact, the Defendant’s liability for the crime is not weak in that the means of access leased by the Defendant was actually used for the crime of Bosing fraud and multiple damages have occurred.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant's mistake and reflects, the primary offender, the defendant's age, character and conduct, environment, circumstances of the crime, means and results, etc., and all the conditions of sentencing as shown in the arguments and records.