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

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

Criminal facts

In using and managing a means of access, no one shall conduct any act of providing, demanding or promising compensation, except as otherwise expressly provided for in other Acts.

Nevertheless, around May 14, 2019, the Defendant: (a) heard that “the company engaged in alcoholic beverage business is a company that is engaged in alcoholic beverage business.” (b) in order to reduce and exempt taxes, the Defendant would use and return the physical card for three days from lending it; (c) as a result, the Defendant’s statement that he would pay KRW 2.4 million to 2.4 million from the physical card; and (d) around 15:00 on the same day, at the B office located in Mapo-gu Seoul Metropolitan Government, he sent the physical card of three copies connected respectively to the Cbank’s account (D), Cbank’s account (E), and F Bank’s account (G) to the H Busan Busan branch designated by the above recipient of the physical card.

As a result, the defendant promised to pay compensation and lent the means of access to his name in return.

Summary of Evidence

1. Defendant's legal statement;

2. A written statement prepared in the I;

3. Copies of conversation between the suspect A and the accused.

4. Application of the Acts and subordinate statutes concerning the details of transactions by each account of A;

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

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of an alternative fine;

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

5. The lending or transfer of the means of access on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act should not only undermine the safety and trust of electronic financial transactions, but also strictly cope with other crimes.

The Defendant transferred several means of access to economic compensation at once, and the means of access leased by the Defendant was actually used for the crime of phishing.

However, there is no record that the defendant was punished for the same crime, and the defendant's mistake is recognized, and the age, character, character and environment of the defendant are other factors.