Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

No person shall transfer or take over any access medium, or borrow or lease any access medium, or store, deliver or distribute any access medium with a promise to receive, demand or promise to use or manage the access medium.

Nevertheless, on May 15, 2017, the Defendant sent a physical card, etc. connected to the new bank (Account Number: D) account in the name of the Defendant at the convenience store located at a macro-city B around May 15, 2017, to the above in order to hear the speech that “the Defendant would pay KRW 200,000 per day to an easily known one,” from the needy person who reported and contacted the advertisement from the Internet page, and to receive the said money from the above person.

As a result, the Defendant promised to pay compensation, and lent access media to the needy.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Details of transactions, specifications of transactions, and details of new bank account financial transaction information;

1. Requests for cooperation in investigation, application of CCTV photographs to statutes;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

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

1. The fact that the passbook sent by the Defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act is the sentencing data disadvantageous to the victim that actually used for another crime.

However, considering the fact that the defendant is the first offender with no criminal history, and that the victim's damage incurred by the crime cannot be said to be the large volume of damage, and the fact that the defendant sent the head of the Tong to the end of the name in which the defendant would give money if he/she borrowed the head of the Tong and it seems that the defendant would have no profit accrued from this case, the sentence of imprisonment with prison labor or a suspended sentence for imprisonment with prison labor is too heavy.

As such, a fine shall be imposed.