Defendant shall be punished by a fine of 2.5 million won.

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

Punishment of the crime

No person shall borrow or lend a means of access in receiving, demanding or promising any compensation.

Nevertheless, on February 1, 2019, the Defendant issued a proposal to the effect that “When sending the check card, the Defendant would create the details of transactions by paying money to the passbook and lend KRW 10 million to the account holder.” On February 12, 2019, at around 13:00, the Defendant issued a copy of the check card connected with the Defendant’s name bank account (E) at the parking lot for the “C” motor vehicle goods shop located in Bupyeong-gu Incheon Metropolitan Bupyeong-gu, which was located in the Defendant’s name, at around February 13:0, 2019.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on response to financial transaction information;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

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

1. Sentencing the sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is highly likely to cause secondary damage, such as fraud, by abusing the means of electronic financial transactions to crime.

In fact, the means of access that the Defendant leased was used in telecommunications-based financial fraud by remitting 875 won to the connected account and withdrawing 635 won.

However, there are circumstances to consider that the number of means of access leased is limited to one, and that the defendant lent the means of access to a false statement that he/she wishes to lend by raising credit rating.

The pertinent damage was recovered because there was no profit earned by the Defendant due to the instant crime, and part of the amount deposited into the account due to telecommunications-based financial fraud was not withdrawn due to suspension of payment.

In full view of the above circumstances, the punishment as ordered shall be determined as above.