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

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Punishment of the crime

In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, on June 18, 2019, the defendant extended a loan of KRW 8 million to an interest-free person at 2% per annum. Accordingly, the defendant accepted the proposal that "a request to send a e-mail card of the account to automatically transfer interest on loans." On the following day, the defendant sent a e-mail card connected to the B bank account under the name of the defendant to the name-free person through Kwikset Service and sent a e-mail card to each of the e-mail cards through Kwikset Service, and sent a password to each of the e-mail cards by text messages.

Accordingly, the defendant provided a means of access with the promise to receive an intangible expected profit to implement the loan.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on the provision of financial transaction information, inquiry of customer information, and details of transactions of entry and departure;

1. Article 49 (4) 2, and Article 6 (3) 2 and 3 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. On the grounds of sentencing under Article 334 of the Criminal Procedure Act, the sentence shall be determined as ordered in full view of all the various circumstances, including the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

D. Unfavorable circumstances: The circumstances that the means of access that the Defendant has exceeded are actually used in the crime of telecommunications-based financial fraud: The fact that the Defendant repents and reflects the mistake; the fact that the actual gain acquired through the crime of this case seems to exist; and the first crime, etc.