Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, he shall be 100.

Criminal facts

No person shall borrow or lend any access medium, or store, deliver or distribute any access medium in receiving, demanding or promising any consideration in the course of using or managing the access medium of electronic financial transactions.

Nevertheless, on November 7, 2016, the Defendant: (a) called “to offer money by way of lending to an account”; (b) promised to collect rent of 3.5 million won on a monthly basis by leasing the passbook from a person who was in the name of the deceased; (c) then, on the street in front of the Sincheon-dong, Sincheon-dong, Samcheon-gu, Seoul Special Metropolitan City, the Defendant sent one physical card of the national bank account (B) in the name of the Defendant; and (c) one physical card of the corporate bank account (C) in the name of the deceased; and (d) notified the above name unspecified person of the password’s password as a telephone.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes governing his/her financial transactions and recent deposit account pictures;

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 a selective fine for punishment (including the confession of a crime and the reflection thereof);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;