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

When the defendant does not pay the above fine, 100,000 won.

Criminal facts

On May 2, 2019, the Defendant: (a) listened to the speech that “When sending a physical card at low credit rating, the Defendant will offer loans by raising credit rating on several occasions; (b) around June 27, 2019, the Defendant sent four physical cards, which are the means of access to the bank account (E), post office account (F), G association account (H), and B bank account (I), to the “Seoul-gu J-ho L, Seoul Metropolitan Government J-ho L”.

As such, the Defendant, in return for the intangible expected interest to receive a loan, provided that he/she simultaneously lent the means of access to his/her name in return for it.

Summary of Evidence

1. Defendant's legal statement;

1. In full view of the following circumstances, the statement of transaction by account, warrant correspondence data (No. 34-35 of the evidence record) [the defendant and his defense counsel claim that the defendant would not have lent the means of access in return for consideration. However, it is reasonable to deem that the defendant lent the means of access to his name-based persons while promising to obtain a loan in a situation where it is difficult for him to obtain a loan in a normal way, considering that the defendant sent a physical card to the defendant due to low credit rating, the defendant would make it possible to obtain a loan by making use of the card and making it possible to obtain a loan.

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the transfer of the means of access to another person.