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

In using and managing a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, on August 12, 2019, the Defendant received a proposal from a person whose name is not known to him/her that “to offer a game job by working in an office located in China, and to request an account in the name of the Defendant as he/she needs a monthly head of Tong to change his/her account.” On August 26, 2019, the Defendant sent a physical card and an OTP card, with a password, connected to the Defendant’s corporate bank account in the name of the Defendant at the remote site located in China, and sent it to a person whose name is not known.

Accordingly, the defendant, promising to pay, lent electronic financial access media.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written petition and a certificate of transaction;

1. Application of Acts and subordinate statutes to a warrant of search, seizure, and verification;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is as follows: (a) it is necessary to strictly eradicate the lending of the means of access as in the instant case, which is likely to be misused for highly detrimental crimes, such as tax evasion, gambling, telephone financial fraud, etc.; and (b) the means of access actually leased by the Defendant is under the circumstances unfavorable to the Defendant that the damage was incurred due to the use in the crime of fraud.

However, the defendant's mistake is recognized and reflected, circumstances favorable to the defendant that the defendant has no criminal punishment power are favorable to the defendant, and other arguments of this case, such as the age, character and conduct, environment, and circumstances after the crime.