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

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

On March 25, 2019, the Defendant accepted an advertisement call stating that “(300,000 won) shall be granted to a person who has no name, who lends an account to be used for business,” and sent the e-mail card and password, which are linked to the Defendant’s name CF account (D) from the e-mail store located in Gangwon-do on the same day, to a person who has not been registered.

Accordingly, the Defendant promised to pay compensation and lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. E’s written petition;

1. Financial transaction statement;

1. Details of the F dialogue;

1. New warrant documents;

1. Application of Acts and subordinate statutes on internal investigation reports (related to the place of receipt of postal cards);

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

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

1. The following grounds for sentencing under Article 334(1) of the Criminal Procedure Act are the circumstances unfavorable to the defendant.

The Defendant’s act of lending the means of access to another person, like the instant crime, needs to be strictly punished inasmuch as it can be used as other means of crime, such as singishing.

In this case, the means of access lent by the defendant was used for the crime of Bophishing fraud, causing damage.

On the other hand, the fact that the defendant recognized the crime and reflects it, and that it is the first offender who had no record of punishment prior to the instant case is favorable.

In addition, the punishment shall be determined as ordered in consideration of the various sentencing conditions shown in the records and arguments of this case, such as the age, character and conduct, environment, circumstances after the crime, and circumstances after the crime.