Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

In using and managing a means of access, no one shall engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, on May 1, 2020, the Defendant listened to the statement that “on the face of sending a physical card to be used for getting interest, the Defendant would give loans.” On June 1, 2020, around 11:59, the Defendant issued a physical card which is the means of access to the national bank account (Account Number B) in the name of the Defendant at the 96 Dowon-ro, Namyang-si, Namyang-si, Namyang-gu, Dowon-do, Dowon-do, Dowon-do, Dowon-do, Dowon-do, Dowon-do, Dowon-do, Dowon-do, Dowon-do, and issued

As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of reply statutes to the execution of a warrant of search, seizure and verification;

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202); the 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 Defendant’s criminal liability is not exceptionally imposed in light of the following: (a) the reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is to eradicate the so-called phishing crime; and (b) the fact that the Defendant actually damaged the means of access that he/she lent.

However, taking into account the favorable circumstances, such as the fact that the Defendant recognized all the charges of this case and reflects the Defendant’s mistake in depth, the economic situation of the Defendant seems to be considerably difficult, and the Defendant has no criminal record due to the same kind of crime and no record of criminal punishment exceeding the fine.