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

No one shall, in using and managing a means of access, borrow or lend the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, around July 18, 2019, the Defendant received a proposal from a person who has no personal name to get loans, and consented thereto. On the same day, the Defendant used a check card connected to the DNA bank account (Account Number E) under the name of the Defendant in Pyeongtaek-si B, and notified the password to the person who has no personal name, using Kwikset and cell phone numbers.

As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access to a person who is not his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Data on warrant of search, seizure and verification;

1. Details of the Kakao Stockholm conversation (record 61 through 81 pages);

1. Application of Acts and subordinate statutes on investigation reports (verification of the same kind of power) and accompanying materials;

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. According to Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing as shown in the arguments in the instant case, including the following circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive for the crime, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: The act of transferring or lending the means of electronic financial transactions is likely to be abused for highly harmful crimes, such as tax evasion, gambling, and phishing, and thus it is necessary to eradicate it. The actual account of the means of access that the Defendant lent has been abused for the crime, and it is the same crime in around 2016.