Defendant shall be punished by a fine of four 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 one shall lend any access medium to use or manage any electronic card or other similar electronic information, certificate, password, or any other access medium in electronic financial transactions by requiring or promising to receive any consideration, unless otherwise provided for in any other Act.

Nevertheless, on September 26, 2017, in Daegu-gu, the Defendant received contact from a person in an infinite's name to lend a e-mail card of KRW 2,100,000,000 from his/her name, and consented to such contact, and then sent the e-mail card connected to the Defendant's Saemaul Bank Account (Account Number: D) through Kwikset Service and lent the e-mail access media in electronic financial transactions while promising to notify the name infinite and notify the password of the password.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the statutes on search and seizure inspection warrant and reply;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act – Unfavorable circumstances: (a) the account in the name of the Defendant was actually used for the scaming crime; (b) the Defendant committed the instant crime on January 28, 2014 when he was suspended from indictment for the same kind of crime at the Incheon District Public Prosecutor’s Office, which was then lent the approaching medium; (c) the favorable circumstances: the Defendant appears to have never been able to take advantage of the instant crime; (d) the Defendant’s mistake and reply; (e) the first offender is the Defendant’s age, sexual behavior, environment, details of the instant crime; and (e) the result of the instant crime, etc.; and (e) the punishment is determined as ordered in consideration of all the sentencing conditions indicated in the pleadings of the instant case.