Defendant shall be punished by a fine of two 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 person shall borrow or lend any access medium while receiving, demanding or promising to receive, demand or promise to use or manage the access medium.

Nevertheless, the Defendant listened to the speech that “to obtain a loan from a person under his/her name, he/she must accumulate the transaction performance of the passbook,” and “to make the transaction performance as if he/she received a monthly payment, and return it again after completing the loan.” On December 2, 2017, the Defendant issued a debit card, which is an access medium of the transaction account (E), to a person under his/her name, to Kwikset service.

As a result, the defendant promised to pay a credit rating through false deposit and withdrawal transactions in return for the intangible expected profit of future loans, and lent an access medium to the name-oriented person.

Summary of Evidence

1. Partial statement of the defendant;

1. A report on damage;

1. Written response of results from financial institutions;

1. Application of Acts and subordinate statutes to a criminal investigation report (including submission of a suspect and submission of letters of loan brokerage);

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that the Defendant merely transferred a debit card to a person who is not his/her name, as a means to obtain a loan by creating transaction performance records. It cannot be deemed as a “loan.” Moreover, the Defendant’s intangible expected profit to receive a future loan cannot be deemed as a “compensation” due to the Defendant’s act of lending an access medium.

2. Comprehensively taking account of the following circumstances revealed by taking account of all the evidence presented in the judgment, as stated in the facts constituting the Defendant’s crime.