Defendant shall be punished by a fine of KRW 3,000,000.

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

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 December 5, 2018, the Defendant received a proposal that “the account is a alcoholic beverage business, which requires tax reduction and exemption, will be used for two days if the account is lent, and will be paid KRW 200-3 million if the account is used,” and then directly delivered a copy of the Cbank Account (D)’s account under the name of the Defendant from the building in Yeongdeungpo-gu Seoul Metropolitan Government on December 14, 2018.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. E statements;

1. Response (C Bank);

1. Details of deposits and applicable provisions of reports on damage;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is as follows: (a) the act of transferring the means of access to the provisional payment order is likely to cause serious harm to the act of facilitating the evasion of tax and the fraud, etc.; and (b) the Defendant’s lending means of access is actually used for the commission of fraud, and the damage has been realized.

However, there are more favorable circumstances, such as the Defendant’s initial crime with no criminal history, and the account he lent seems to have known that he would have been involved in Bosing, the fact that he had been able to recognize late and wrong, and that he seems to have different benefits acquired from the instant crime, and that he seems to have no other benefits acquired from the instant crime, such consideration shall be taken into account, and the motive and motive of the instant crime shall be considered.