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

In using and managing the means of access, no one may lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

On April 1, 2019, the Defendant received text messages from around April 1, 2019 to around February 2, 2019, and received a proposal to the effect that “The e-mail card is sent to the approval of the Government, which is possible to lend the loan,” and then, thereafter, the Defendant lent one e-mail card connected to the d bank account in the name of the Defendant at the Bupyeong-gu Incheon Bupyeong-gu apartment commercial building through the Kwikset service article.

As a result, the Defendant promised to receive a future loan in return for an intangible expected profit, and lent the means of access to a person who has no name.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes to a warrant of account, reply, or copy of passbook (A);

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

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

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for sentencing of the provisional payment order is a lending of a personal check to the accused for the purpose of obtaining a loan. The above crime can be used for another crime with great social harm such as scam, etc., and its nature is not very high.

In fact, the physical card lent by the defendant was used for fraud crime.

However, it shows the appearance that the defendant leads to the confession of the crime and reflects the mistake.

The defendant does not seem to have actually received any consideration.

The Defendant had no record of criminal punishment for the same crime before the instant case.

The character, conduct, family relationship, family environment of the defendant in the above circumstances.