Defendants shall be punished by a fine of three million won.

The Defendants did not pay each of the above fines.

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend any means of access in return for any other person with the receipt, request or promise of compensation, unless otherwise expressly provided for in other Acts.

1. On October 15, 2019, Defendant A received a proposal from a nameless person who was named in his/her name, “To make a substitute loan at low interest. To raise his/her performance, he/she sent a physical card connected to the bank account as it is necessary to do so.” On October 16, 2019, Defendant A sent the physical card connected with the Defendant’s new bank account (Account Number C) in the Incheon Gyeyang-gu Incheon Gyeyang-gu 3-3 Confucian School.

Accordingly, the Defendant promised to lend the means of access in return for an intangible benefit of the loan.

2. On October 23, 2019, Defendant B, by telephone from a person who was named in the name of the Defendant, sent a physical card connected to the bank account in Jung-gu Incheon, Jung-gu, Seoul, to a person who was named in the name of the Defendant, for the purpose of raising the performance, by creating a loan by means of false transactions in Korea. To raise the performance, he/she sent a physical card connected to the bank account as he/she requires a physical card, and around October 25, 2019, he/she delivered the physical card to the person who was named in the name of the Defendant at the business place of “F” under the name of the Defendant.

Accordingly, the Defendant promised to lend the means of access to an intangible benefit as a loan.

Summary of Evidence

1. Application of the Act and subordinate statutes of the Defendants’ filing of a petition for the preparation of H’s respective legal statements, and the written confirmation of electronic financial transaction documents (Evidence List No. 10)

1. Relevant Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 2020; hereafter the same shall apply as of August 20, 202) concerning criminal facts;

1. Defendants in the custody of a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act