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

No person shall transfer, receive, request or promise any means of access used in electronic financial transactions to lend the means of access.

Nevertheless, around November 24, 2018, at a place where it is unknown to the public in Michuhol-gu Incheon Metropolitan City or less, the Defendant received text messages using the Bitcoin account as a mobile phone and made conversations with a person with whom the name cannot be known by communicating with the contact address, and then notified the applicant of the number of accounts. Moreover, the Defendant accepted it upon receiving a proposal that “I would go through the Bitcoin transaction account. I will go through the Bitcoin transaction account, and the account number will be known.” In order to verify the validity of the account, the Defendant accepted it.

Therefore, on November 26, 2018, the Defendant lent the means of access to the account number (C) in the name of the Defendant to the said person in a place where it is not known to the extent of Michuhol-gu Incheon, Incheon around November 26, 2018, and, on the same day, around 11:16, the Defendant lent the means of access to the said person by informing the said person of the account number (B).

As such, the Defendant promised to receive such a loan in return for an intangible expected profit, and lent a means of access linked to the Defendant’s account.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of damage from D;

1. Application of the remittance certificate or the Acts and subordinate statutes to notify the current status of financial transactions;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for confinement in a workhouse (where a sentence of suspension of execution of punishment becomes invalidated or revoked and the defendant does not pay a fine);

1. The reason for sentencing under Article 62(1) of the Criminal Act is to recognize and reflect the facts of the instant crime.

The attitude of committing the instant crime is relatively minor compared to the same case.

The age, character and conduct, environment, and environment of the defendant.