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

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

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.

Nevertheless, around 20:00 on December 13, 2016, the Defendant received KRW 383,500,000 per week from the Dobong-ro 383 Dobong-gu, Seoul Northern-gu, Seoul, and lent the access media by delivering one physical card connected to the Defendant’s post office account (Account Number B) to the non-known person via Kwikset service.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes on bank response data;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. On December 13, 2016, the summary of the charge was around 20:00, the Defendant leased a via Kwikset-based access medium by delivering a physical card linked to the Defendant’s corporate bank account (Account Number: D) to the name in return for KRW 383,50,000 per week from the Dobong-ro 383 Dong-dong post office, Gangnam-gu, Seoul, Gangnam-gu, Seoul. In addition, the Defendant leased a via Kwikset-based access medium.

2. Although the Defendant made a confession of this part of the facts charged in the investigation agency and this court, since the confession as to this part of the facts charged has no evidence to reinforce the confession, the confession can not be considered as evidence of guilt because it constitutes evidence of a kind unfavorable to the Defendant. Thus, the above facts charged constitute a case where there is no evidence of crime, and thus, the Defendant should be acquitted pursuant to the latter part of Article 325 of the Criminal Procedure Act

However, as long as it is found that there is a violation of the Electronic Financial Transactions Act on the lending of e-mail cards connected to the post office account in the relationship of commercial concurrence, it is guilty.