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

[Criminal Power] On August 9, 2018, the Defendant was sentenced to a suspended sentence of four months by imprisonment with prison labor for a crime of violating the Electronic Financial Transactions Act at the Daegu District Court, and the said judgment became final and conclusive on August 17, 2018.

【Criminal Facts】

Except as otherwise expressly provided for in any other Act, no one may borrow or lend a means of access while requesting or promising to receive any consideration, such as an electronic card used in electronic financial transactions and any other means of access equivalent thereto, a certificate, a password, etc.

Nevertheless, at around June 25, 2018, the Defendant received a proposal from a person who was not aware of his name to the effect that “if he borrowed a physical card that is to be used to reduce taxes in excess of customs duties, 3 million won will be paid if he borrowed it for one week,” and accepted it. On June 26, 2018, the Defendant sent a copy of the physical card connected to the account in the name of the Defendant E Bank (Account Number:F) to the person who was not aware of his name before the building Ddong in Busan-si, Busan-si around June 26, 2018.

As a result, the Defendant promised to pay for, lent the means of access used in electronic financial transactions.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. A G statement and a report on damage;

1. Financial transaction information:

1. Each report on investigation;

1. Previous convictions in judgment: Criminal records, investigation reports (Evidence Nos. 8, 11) and application of statutes governing judgment;

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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing order under Article 334(1) of the Criminal Procedure Act is based on the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, and various conditions of sentencing as ordered.

Unfavorable circumstances: