Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On June 28, 2019, the Defendant received a proposal from a nameless winner (B) who misrepresented the borrower at an infinite location to send a physical card to be used for the payment of the principal and interest of the loan, and accepted it, around 16:17 on the same day, the Defendant sent one physical card linked to the D Bank Account (E) in the name of the Defendant to the above infiniteer and notified the above namelesser through Kwikset-based message.

As a result, the Defendant promised to lend the means of access in return for the intangible expectation interest that can receive a loan.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes concerning the details of account transfer, the details of account transactions and the contents of Kakao dialogue;

1. The pertinent legal provisions on criminal facts and Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act regarding the option of punishment [The term “loan of access media” under Article 6(3)2 of the Electronic Financial Transactions Act means the act of lending a means of access to enable any other person to temporarily use the means of access without managing and supervising the means of access while receiving, demanding or promising to receive compensation, or promising to do so, so, and the term “price” refers to economic benefits that correspond to the lending of the means of access (see Supreme Court Decision 2017Do16946, Jun. 27, 2019). In this case, the Defendant provided a means of access account with the belief that it is necessary for the payment of the principal and interest of a loan from a person without personal knowledge and trusting the explanation that it is necessary for the Defendant to grant a loan from a person with no personal knowledge. However, the Defendant’s granting of the above loan is an economic benefit corresponding to the means of access, and thus the establishment of the facts charged in this case can be recognized];

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;