Defendant shall be punished by a fine of KRW 3,000,000.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

No person shall, in using and managing a means of access, such as an electronic card used in electronic financial transactions and other similar electronic information, certificate, password, etc., borrow or lend a means of access while demanding or promising to receive compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on August 1, 2018, the Defendant received a proposal from a person who was named in the name of the deceased and consented to the proposal that “I will give KRW 900,000 if I will lend the passbook to 30,000,000 won.” On August 3, 2018, at around 09:00, the Defendant sent a physical check card connected to the B account in the name of the Defendant using Kwikset (Account Number:C) and one copy connected to the Defendant’s mother D account (Account Number: E).

As a result, the Defendant promised to pay for, lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. The document of F;

1. Application of statutes on the certificate of account transfer, details of financial transactions, replys, and details of account transactions;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a selective fine for punishment (Considering that the defendant reflects his mistake, that there is no power to commit the same kind of crime, and that there is no benefit from the crime in this case);

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above;