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

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

No one shall borrow or lend a means of access, or keep, deliver or distribute a means of electronic financial transactions in receiving, demanding or promising any compensation in using or managing the means of access.

On November 26, 2018, the Defendant: (a) received a proposal from the Buddhistist, stating, “The Defendant will use the crow card for three days on which an account is required for tax reduction and exemption; and (b) would give 2.1 million won in return for lending it; and (c) around 21:30 on the same day, the Defendant sent the means of access to the crow card, which is linked to his cbank’s account (D) before the Kwikset-si, using Kwikset’s services, with the promise to pay for it.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. E statements;

1. Return on a transfer certificate or a request for financial transaction information;

1. Application of the Acts and subordinate statutes on the screen by cutting down the F dialogue;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is an unfavorable circumstance that the Defendant committed an act of causing damage to the security and reliability of electronic financial transactions by receiving the promise of compensation and lending the means of access.

However, it is recognized that there are some favorable circumstances for the defendant such as the confession of the crime of this case, the first offender, etc. In addition, considering all factors of sentencing as shown in the arguments of this case, such as the defendant's age, character and conduct, environment, family relationship, motive for the crime, means and consequence of the crime, etc., the punishment as set forth in the text shall be determined.