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 any other Act, no person shall lend any means of using or managing an access medium with a promise to receive, demand or promise the consideration.

Nevertheless, on November 2017, the Defendant heard that “to obtain a loan, the transaction performance of the passbook must be accumulated,” and “to make a loan by drawing up transaction performance when sending a debit card.” On December 11, 2017, the Defendant issued a debit card, which is the access media under the name of the Defendant, to the Defendant’s new bank account (C) at the office of post office.

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. Statement made by the police against D;

1. Response following the execution of a warrant of seizure (The details of A Account Transactions) shall be applied by statutes;

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 all the evidence presented in the judgment and the following circumstances revealed, sending a debit card to a person with no name as stated in the facts charged in the judgment of the defendant shall be punished by the Electronic Financial Transactions Act.