Defendant shall be punished by a fine of five million won.

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

Punishment of the crime

In using and managing the means of electronic financial transactions, no one may lend the means of access while promising any consideration, unless otherwise specifically provided for in any other Act.

On December 2, 2018, the Defendant: (a) received a proposal from a person who was named as a police officer by phone, stating that “on the face of sending a physical card, he/she will repeatedly accumulate the transaction performance and then make loans; and (b) issued a copy of the physical card to the bank account (E) in the name of the Defendant in front of the “C” located in Seocho-si, Seocho-si; and (c) on December 2, 2018, the Defendant issued a copy of the physical card to the person who was named.

Accordingly, the Defendant promised to obtain intangible expectation interest that can be received future loans through the details of transactions of deposit and withdrawal to lend the means of access to a person who is not his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

1. A written petition;

1. Transfer certificate;

1. Application of the statutes on response to data submitted by the Seocho Financial Center of D Banks;

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (Selection of Fine) concerning the selection of punishment;

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

1. The act of lending the means of access on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is an act that facilitates other crimes, such as fraud and tax evasion, and such social harm is not significant. In fact, the Defendant’s liability for the crime is not easy in that the means of access leased by the Defendant is actually used in the crime of fraud by a person in default of name.

However, the sentencing conditions in the arguments and records of this case, such as the defendant's age, character and conduct, motive and circumstance of the crime, means and consequence, etc., shall be determined as ordered by considering the following facts: the defendant's misjudgments, there is no prior conviction more severe than fines, and it appears that the benefit was not acquired due to the crime of this case; and the defendant's age, character and conduct