Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Punishment of the crime

No person shall borrow or lend an access medium while receiving, demanding or promising to receive, demand or promise any consideration in using or managing the access medium.

Nevertheless, on November 27, 2017, the Defendant: (a) received a proposal from a post office in the document of Hongcheon-gun, Hongcheon-gun, 2017, that “I must use another person’s account to be exempted from taxes; and (b) would make 40-5 million won per day if I lend the cke card to 4-5 days; (c) as a fee, I sent the cke card connected to the Defendant’s name bank account (C) to the Defendant’s name in place of a post office.

Accordingly, the defendant committed the act of lending the approaching media while promising the price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports (the result of execution of No. 2017-10380, etc. of a warrant of seizure);

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act, as in the instant case, is that a crime that distributes the access media as in the instant case, is highly malicious in society in that the distributed access media is used for the so-called Bosing crime or the delivery method of illegal funds. The national bank account in the name of the Defendant was actually used for Bosing crime, and the Defendant appears to have been aware that the account would have high possibility of being used for illegal purposes in relation to taxes. The Defendant committed the instant crime against the Defendant even if he transferred the access media in 2014 and received it by an investigative agency, which is disadvantageous to the Defendant.

However, the defendant recognizes the crime of this case.