Defendant shall be punished by a fine of KRW 2,500,000.

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

Criminal facts

Except as otherwise expressly provided for in any other Act, no person shall lend any access medium with the promise to receive any consideration in using and managing access medium for electronic financial transactions.

On December 11, 2017, the Defendant called from a person who misrepresented the employees of financial institutions to “to obtain a loan, if he/she wishes to create a transaction performance and make a loan by repeating a deposit and withdrawal in order to obtain a loan.” On the same day, he/she issued a copy of the physical card connected with the Defendant’s name bank account (C) to the Samsung Apartment apartment in Eunpyeong-gu, Seoul. On the same day, he/she issued a copy of the physical card to Kwikset service articles and notified the password of the password.

As a result, the defendant promising the credit rating to return the intangible expectation interest that can receive future loans through false deposit and withdrawal transactions, and lent the access media to the name in return for the benefit of intangible expectation.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Search and seizure warrant reply data and statement of currency [The defendant is under the police investigation and is in a situation in which it is impossible to create a Maspbook because of low credit rating, and the defendant will open a Masp passbook by raising credit through false admission and withdrawal transactions;

In light of the fact that the Defendant promised to receive a price and sent a physical card, it can be acknowledged that the Defendant lent the approaching medium while promising to receive a price.

Application of Statutes

1. Relevant legal provisions and the choice of punishment for a crime: Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act (excluding punishment);

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

1. Provisional Payment Order: The reason for sentencing of Article 334(1) of the Criminal Procedure Act / [ favorable circumstances] there is no substantial benefit obtained by the defendant (unfavorable circumstances] / The defendant's check card is used.