1. The defendant shall be punished by a fine of three million won;

2. If the defendant does not pay the above fine, 10,000 won.

Punishment of the crime

No person may borrow or lend a means of access in receiving, demanding or promising any compensation.

Nevertheless, around June 2019, the Defendant received a proposal from a nameless person who introduced himself as a member of a lending company, stating that “When sending a physical card, the Defendant will borrow a loan by means of accumulating transaction performance.” On June 2019, Kwikset service article sent nameless winners from a nameless person who sent him/her to the name-free person in the name-free area of the Sincheon-si, Seocheon-si, Gyeongcheon-si, Gyeongcheon-si, 2019, he/she opened a physical card connected to B’s corporate bank account (Account Number: C) operated by the Defendant.

As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access to a person who is not his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, E, F, G, H, I, J, and K;

1. Application of Acts and subordinate statutes to a report on investigation;

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: Fines not exceeding 20 million won;

2. Scope of recommending sentencing criteria: Non-application of the sentencing criteria;

3. Determination of sentence: A fine not exceeding 3 million won means of electronic financial transactions lending is an offense that undermines the security and trust of financial transactions, and the leased cards, etc. may be abused as means of other crimes;

In fact, the means of access leased by the accused is used for the crime of Bophishing fraud, and the responsibility of the accused is not less than that of the accused.

However, there is no direct acquisition of benefits by the defendant due to this crime, and there is no record of criminal punishment for the same crime.

In addition, the sentencing conditions, such as the age, character and conduct, family environment, circumstances of the crime, and circumstances after the crime, are comprehensively considered.