Defendant shall be punished by a fine of 2.5 million won.

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

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, around January 9, 2019, the Defendant received a proposal from a person without the name of the Defendant to the effect that “a company will obtain personal loans and will withdraw funds if it sent a physical card without need to do so,” and then accepted it. At around 15:00 on the same day, the Defendant issued a physical card to Kwikset service articles sent by the person without the name in front of the “C” in the Gu, at the time of Ansan-si around 15:00 on the same day with a password and an account number written.

Accordingly, the Defendant promised to pay compensation and lent the means of access to financial institutions.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to ACIF and Account Transactions (National Bank);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

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

1. Sentencing the sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is highly likely to cause secondary damage, such as fraud, by abusing the means of electronic financial transactions to crime.

In fact, the means of access leased by the defendant was used for telephone financial fraud such as remitting and withdrawing 3.3 million won to the connected account.

However, the number of means of access leased by the accused is limited to one, and it is difficult to say that the accused was aware that the means of access is used for fraud, etc.

There is no profit earned by the defendant from the crime of this case, and the defendant is the first offender.

In full view of the above circumstances, the punishment as ordered shall be determined as above.