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

No person shall lend a means of access used in an electronic financial transaction while receiving, demanding or promising any consideration therefor.

Nevertheless, on February 17, 2020, the Defendant, who misrepresented the lending company, received a proposal that “in the course of lending because it is not a normally registered lending company, our company will send a physical card for the payment of principal and interest, and will withdraw the principal and interest every month,” and on the same day, sent a copy of the physical card connected to the post bank account (B) in the name of the Defendant to the address where the non-person was notified of the name from the "BB post office" located in Seo-dong, Seo-gu, Busan.

As a result, the Defendant promised to lend the means of access used in electronic financial transactions in return for the intangible expected profit of receiving future loans from a named person.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the C’s report on the investigation of the statement of the transfer of the damage amount (Attachment to the Kakao Stockholm conversation) and the application of the Act and subordinate statutes on the Investigation Report (Confirmation of Suspension of Prosecution Prosecution

1. Articles 49(4)2 and 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202) concerning criminal facts; selection of fines for criminal facts

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

1. The summary of the argument on the argument of the Defendant and the defense counsel regarding the provisional payment order under Article 334(1) of the Criminal Procedure Act is only the delivery of a e-mail card as a means of interest payment for the purpose of obtaining a loan, and it does not mean that the e-mail card is expected to be borrowed and is not lent.

2. Comprehensively taking account of the following facts based on the evidence revealed in the judgment below, the Defendant allowed the Defendant to use the check card at his own discretion for the purpose of obtaining the loan and the check card.