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 the means of access, no one shall lend the means of access while promising any consideration, unless otherwise specifically provided for in any other Act.

Nevertheless, on September 17, 2018, the Defendant accepted the proposal that “If he/she lends the crow card to solve the problem of taxation, he/she will pay KRW 3 million per account.” On September 17, 2018, the Defendant sent the crow card connected to the Defendant’s name bank account (D) via Kwikset service article around 17:00 on September 17, 2018.

Accordingly, the Defendant promised to lend the means of access for electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each internal investigation report (Attachment of a detailed statement of transaction, and attachment of a warrant of search and seizure verification or reply);

1. Application of Acts and subordinate statutes concerning details of transactions, information on subscribers, and details of account 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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The following grounds for sentencing under Article 334(1) of the Criminal Procedure Act are the circumstances unfavorable to the defendant.

The Defendant’s act of lending the means of access to another person, like the instant crime, needs to be strictly punished inasmuch as it can be used as other means of crime, such as singishing.

In this case, the means of access lent by the Defendant was also used for the crime of Bophishing fraud.

On the other hand, it is more favorable that the defendant has no record of punishment for the same crime, and that it is more favorable that the defendant's request for suspension of payment to financial institutions and the damage is realized when the amount of damage is deposited in the account linked to the means of access lent by the defendant.

The age, character and conduct, the environment, the circumstances of the crime, and the circumstances after the crime are committed.