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

Except as otherwise expressly provided for in other Acts, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access while using and managing the means of access.

Nevertheless, on August 10, 2019, the Defendant received a proposal that “When sending a e-mail card connected to the bank account, it will be lent in such a way as to enhance credit by creating transaction performance and raising credit by making it a transaction performance,” from a person whose name is unknown, and sent the e-mail card connected to the Defendant’s name bank account at the 7 Incheon Dong-dong Office, Incheon, Nam-gu, Incheon, 46-ro 46-ro, Nam-gu, Incheon, to a person whose name is unknown.

Accordingly, the Defendant promised to lend the means of access to an intangible benefit as a loan.

Summary of Evidence

1. Partial statement of the defendant;

1. The Defendant and his/her defense counsel asserted to the effect that the Defendant’s act does not constitute “loan of access media” under Article 6(3)2 of the Electronic Financial Transactions Act, on the grounds that he/she opened a physical card to obtain a loan from a person whose name is unknown. “Lending of access media” under Article 6(3)2 of the Electronic Financial Transactions Act refers to lending a means of access to a means of access to a means of access so that another person may temporarily use the means of access without managing or supervising the user of the means of access, and “price” refers to economic benefits corresponding to the lending of the means of access (see Supreme Court Decision 2017Do16946, Jun. 27, 2019). Since the Defendant’s name was not known so that he/she can conduct electronic financial transactions using the physical card without the Defendant’s supervision, it refers to “the physical access to a medium of access to a means of access to a medium”.