Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall transfer or take over any access medium, or lease or lend any access medium in receiving, demanding or promising to receive any consideration in using or managing any access medium of electronic financial transactions.

1. The Defendant sent a physical card linked to an account in his name, as he had to create a transaction performance due to a low credit rating in enabling loans of five million won from 30 million won to 5 million won, from a person who misrepresented the staff of his company;

“Ch.” received a proposal and accepted it, and around October 17, 2017, at Guro-gu Seoul Metropolitan Government, sent a physical card connected to the C bank account (Account Number D) under the suspect’s name to the above person under the name of Kwikset service article, through Kwikset service article, and lent a medium of access to electronic financial transactions in return for payment by promising Kwikset to notify the password by telephone.

2. On November 21, 2017, the Defendant: (a) received a proposal from a nameless person who misrepresented his/her employee to “to give a loan after accumulating his/her transaction performance when sending the check card under his/her name”; (b) sent the check card connected with the Defendant’s name E account in Guro-gu Seoul, Guro-gu, Seoul, via Kwikset Service Articles; and (c) lent the check of access to electronic financial transactions by promising Kwikset to notify him/her of the password number by telephone.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. A criminal investigation report (attaching materials replyed as a result of execution of a warrant of seizure);

1. Application of replies and written decisions on non-prosecutions to statutes;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions and the Selection of a fine for a crime, and Article 6 (3) 2 of the Act on the Electronic Financial Transactions and the Selection of a fine for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order