Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

On September 20, 2019, the Defendant accepted the proposal that “the Defendant would pay 100,000 won per day from a person under the name named “B” as a proxy of “B,” and that “the Defendant would pay 100,000 won per day for six months if the bank account was leased.” On or around the 23th day of the same month, the Defendant notified the person under the name of the Defendant to the name of the Defendant (E) bank account number, password, bank security card number, etc., and then, the Defendant changed the registration of the “F” mobile banking (F) to the “G” upon the request of the person under the name of the said account, and then copied the Defendant’s authorized certificate to the said mobile phone, and issued the mobile OTP through “F.”

around the 30th day of the same month, the Defendant received KRW 100,000 in return for the above means of access.

Accordingly, the Defendant lent the means of access while receiving compensation.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. The application of respective replies, materials submitted, and statutes;

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. Sentencing sentencing of Article 334(1) of the Criminal Procedure Act requires strict punishment inasmuch as lending of the means of access for electronic financial transactions can be abused as a means of other crime, and the fact that the means of access leased by the Defendant was actually used for the actual crime of fraud is disadvantageous to the Defendant.

However, it appears that the defendant has not acquired any other benefit except for the fact that he/she has obtained the error, the fact that he/she is the primary offender, and the age of the defendant.