Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On April 26, 2019, the Defendant received a proposal to the effect that “on the face of sending the check card for the purpose of repayment of principal and interest of the loan, the Defendant would give a loan to a person who misrepresented the borrower at a C University located in Gangseo-si B of Gangwon-do, and on the same day, sent a check card connected to the D Bank account (E) in the name of the Defendant at the C University post office, and notified the F of the password.

As a result, the Defendant promised to lend the means of access to electronic financial transactions in return for the intangible expected profit of receiving a loan.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A certificate of transaction;

1. Provision of financial transaction information;

1. Application of Acts and subordinate statutes to investigation reports (related to verification, such as the date and time of delivery to the other suspect);

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The following grounds for sentencing under Article 334(1) of the Criminal Procedure Act are the circumstances unfavorable to the defendant.

The Defendant’s act of lending the means of access to another person, like the instant crime, needs to be strictly punished inasmuch as it can be used as other means of crime, such as singishing.

In this case, the means of access lent by the defendant was used for the crime of Bophishing fraud, causing damage.

On the other hand, the fact that the defendant recognized the crime, the account linked to the means of access that the defendant lent was suspended and the victim was not withdrawn, and the victim was refunded thereafter, and the first offender who had no record of punishment prior to the instant case is the first offender.

In addition, the punishment shall be determined as ordered in consideration of the various sentencing conditions shown in the records and arguments of this case, such as the age, character and conduct, environment, circumstances after the crime, and circumstances after the crime.