Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

No one shall, in making a transaction request in electronic financial transactions or using and managing a means of access to secure the authenticity and accuracy of users and transaction details, borrow or lend a means of access, or keep, deliver or distribute a means of access by receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, around March 8, 2019, the Defendant received a proposal from the non-resident in name C to the effect that “if he/she lends the physical card to be used for the purpose of tax reduction or exemption for three days, he/she will pay one million won in return for the lending of the physical card” from the non-resident in name C, he/she notified the above person of the password of the physical card connected to the new bank account (D) in the name of the Defendant, and sent the above physical card through Kwikset Service.

Accordingly, the Defendant promised to borrow a means of access used in electronic financial transactions to receive compensation.

Summary of Evidence

1. Defendant's legal statement;

1. E’s authenticity and written statements;

1. Photographs of the results of transfer, search, seizure, verification warrant and reply materials;

1. Application of Acts and subordinate statutes on dialogue data;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act that is disadvantageous to the sentencing of the provisional payment order: The lending of the means of electronic financial transactions can be abused as a means of other crimes as well as impairing the safety and trust of financial transactions.

The card lent by the defendant was used for the actual fraud crime.

The favorable circumstances: The defendant seems to have no benefit from the crime of this case.

The defendant has no criminal records of the same kind.

The age, character and conduct, environment, circumstances of crimes, and crimes of defendants.