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

No person shall lend a physical card, which is a medium access to electronic financial transactions, to any third person while receiving, demanding or promising the payment.

Nevertheless, the defendant, on January 8, 2018, recruited a physical card from a person who is not a name-based person "B C, which is a director of corporation B, and is seeking to reduce liquor tax."

30,000 won per 1 copy shall be used only for 3 days and 1.5 million won per copy.

On January 10, 2018, in Seo-gu Incheon Metropolitan City D, one copy of the physical card linked to the Defendant’s name bank account (F) and the bank account (Account Number: G) was sent on a door-to-door basis, and the password was promised to open access media and receive KRW 3 million in consideration of the method of informing the Defendant by telephone.

As a result, the defendant promised to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes to report internal investigation (Submission of a letter of confirmation as a result of the transfer of funds damaged by victim H);

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the crime of violating the Electronic Financial Transactions Act due to the lending of an access medium connected to the account of a national bank with a heavier penalty (a punishment provided for in the crime of violating the Electronic Financial Transactions Act due to the lending of an access medium connected to

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant’s crime of sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the sentencing of the provisional payment order is a lending of an access medium with a promise to pay. Such crime may not only disrupt the reliability and safety of electronic financial transactions, but also be abused as a means of crime using an access medium. Therefore, there is a need for punishment.

The Defendant’s access media was actually used for the phishing fraud, etc., causing considerable damage.

The criminal committed by the defendant is an offender who actually committed a crime such as fraud by using the access media.