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 borrow or lend a means of access in receiving, demanding or promising any compensation.

On April 5, 2019, at C, the Defendant sent a physical card to a person who has not been registered, and then sent the card password to the person who has not been registered. The Defendant offered a proposal that “When sending the physical card, the Defendant would loan KRW 500-10 million with an interest of KRW 3-4% per annum for 5-6 months, regardless of credit rating. If the principal and interest are deposited in an account connected with the card, it shall be withdrawn by the card, and the card shall be returned if all principal and interest are repaid,” and the Defendant sent the physical card connected with the deposit account in the name of the Defendant’s community credit cooperative (D) to the person who has not been registered, and notified the password of the card.

As a result, the defendant provided a means of access to his name in return for the intangible expected interest of future loans.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Requests for financial information;

1. Application of Acts and subordinate statutes to report internal investigation (attaching a certificate of deposit of damage);

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

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

1. The following grounds for sentencing under Article 334(1) of the Criminal Procedure Act are the circumstances unfavorable to the defendant.

The Defendant’s act of lending the means of access to another person, like the instant crime, needs to be strictly punished inasmuch as it can be used as other means of crime, such as singishing.

In this case, the means of access lent by the defendant was used for the crime of Bophishing fraud, causing damage.

On the other hand, the fact that the defendant acknowledges and reflects the crime, and that the defendant does not have any record of punishment for the same kind of crime is favorable.

In addition, various sentencing conditions shown in the records and arguments of this case, such as the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime.