A defendant shall be punished by imprisonment for six months.

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall lend or lend any access medium, or store, deliver or distribute it with the knowledge that such medium is to be used for a crime or to be used for such crime.

On June 26, 2015, the Defendant was sentenced to a fine of one million won by violating the Electronic Financial Transactions Act at the Incheon District Court, and on November 10, 2015, the Jeonju District Court was sentenced to a fine of one million won by the former District Court for the same crime, and had a record of being subject to criminal punishment by an investigative agency for the act of lending an access medium. As such, the Defendant was well aware that the access medium distributed as above is used for the crime.

Nevertheless, on May 2017, the Defendant would lend a physical card from a person in an influence to his/her name at a minor place.

After receiving the proposal to the effect that “,” and accepting it, one head of a Tong and one physical card connected to the post office account (B) in the name of the defendant in front of the station located in the territory of the Nam-gu Incheon Metropolitan City on the same day, were informed of the name-oriented person and the password.

Accordingly, the defendant, knowing that he will be used for crime, lent a medium of access to electronic financial transactions.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Application of statutes, such as financial transaction information;

1. The relevant legal provisions regarding criminal facts, Article 49 subparag. 2 and Article 6 subparag. 3 of the Act on Electronic Financial Transactions for the Selection of Punishment, and Article 49 subparag. 3 of the Act on Electronic Financial Transactions, and Article 6 subparag. 3 of the Act on the Grounds for the Determination of Punishment of Imprisonment showed that the Defendant led to the confession by an investigative agency and against the mistake.

The defendant paid 5 million won out of 5,980,000 won to the victim of the fraud by using his/her physical card.

However, the crime of this case, even though the defendant was aware that it will be used for the crime, lent a personal check to a person with no name.