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 may lend the means of access to an electronic financial transaction while receiving, demanding or promising any consideration.

On December 4, 2017, the Defendant issued a proposal to the effect that he/she would give 10% of the money deposited in the company bank account (D) in the name of the Defendant using Kwikkset Service, which was connected to the company bank account (D) in the name of the Defendant’s private village or residence (hereinafter “C”) in the vicinity of the Defendant’s residence, through his/her cell phone, from the nameless person who asserts that he/she is named “C,” and that he/she would give 10% of the money deposited in the company bank account (D) around December 5, 2017.

As a result, the Defendant promised to pay for, lent the means of access to electronic financial transactions.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. A written confirmation of the results of electronic financial transfer;

1. Application of Acts and subordinate statutes, such as data on financial transactions;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

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

1. Determination of sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order requires consideration of the occurrence of the victim of the fraudulent crime using the means of access and the initial offender.