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

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

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while receiving, demanding or promising to receive, demand or promise to use or manage the access medium.

Nevertheless, on September 13, 2017, the Defendant: (a) received a call from a nameless person who assumes the staff of a liquor company from a person who assumes the name of an employee of a liquor company at a minor place; and (b) accepted a check in which he/she would give KRW 3 million in the month when he/she lends the check; and (c) opened a check to the above nameless person by taking charge of a physical card connected to the bank account (D) in the name of the Defendant at the convenience store in Seosan City.

Accordingly, the defendant lent the access media while demanding or promising the compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to verify transaction details;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the need to strictize the act of lending an approaching medium that is the beginning of the criminal act of phishing fraud; (b) the Defendant’s lending medium is in fact used for the criminal act of phishing fraud; (c) the Defendant is against the recognition of the criminal act; (d) the profits acquired by the criminal act are deemed to have no profit; and (e) the profits acquired by the criminal act are deemed to have more favorable facts than the Defendant’s age, sex behavior, career, home environment, motive for the criminal act; and (e) the circumstances after the criminal act, etc., taking into account all other circumstances, which are the conditions for sentencing as shown in the instant argument, including the Defendant’s age, sex behavior, career, home environment, motive for the criminal act, and circumstances