Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.

Nevertheless, on August 29, 2017, the Defendant paid KRW 2,100,000 per day to a person whose name is unknown, for three days from a person whose name is not known.

“The Kakao Stockholm message promised to receive KRW 2,100,000 in return for lending the physical card and password under Defendant’s name for three days.

On August 29, 2017, at around 12:02, the Defendant informed a person who was unable to know the password of the account under the name of one bank (B) to the Kakao Stockholm message, and then, at around 12:00 on the same day, sent the Kaka Card to a person who was unable to know his name by way of her home-line at the D office located in Jung-gu Seoul Metropolitan Government, Jung-gu.

As a result, the Defendant promised to pay for, lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E and F;

1. Each statement of G and H;

1. Application of Acts and subordinate statutes, such as a statement on the details of cash entry/gold withdrawal transactions, a statement on cash entry and withdrawal transactions, a statement on his/her own financial transactions (deposit and withdrawal), a Kakao Stockholm conversation (netly 13), and a statement on cash entry/ withdrawal transactions;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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. Article 334(1) of the Criminal Procedure Act provides that the account linked to the access medium leased by the Defendant for the reason of sentencing of the sentence of the provisional payment order was actually used for the same crime as singing, middleing, and the fraud of the country. The multiple victims, and the Defendant’s transfer of the access medium is tax evasion.