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 lend a means of access used in an electronic financial transaction while receiving, demanding or promising any consideration therefor.

On August 3, 2018, the Defendant: (a) received a proposal from a person under whose name the Defendant borrowed a physical card that requires another person’s account for tax reduction and exemption; (b) delivered to a person under whose name the Defendant was named, a letter of Cbank (D) in front of the Defendant’s residence in the first floor of Guro-gu Seoul Metropolitan Government, which is linked to the Defendant’s bank account in his/her name.

As a result, the Defendant promised to receive compensation from a person with no name, and lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on details of deposits transactions;

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. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act: The act of lending the means of access is a crime that has a substantial ripple effect on the grounds that it can be used for such crimes as tax evasion, gambling, and scaming.

In fact, the personal card lent by the defendant was used to commit fraud and the damage was caused.

The favorable circumstances: The defendant is recognized to commit a crime and there is no record of criminal punishment exceeding the punishment or fine for the same crime.

There seems to be no benefit acquired from the crime of this case.

As above, in full view of the circumstances and the age, character and conduct, motive and background, means and consequence of the crime, the circumstances after the crime, etc. of this case and the sentencing conditions indicated in the records, the punishment as ordered shall be determined.