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

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

Punishment of the crime

No one shall, in using and managing a means of access, engage in any act of lending the means of access in return for payment, unless otherwise specifically provided for in any other Act.

Nevertheless, around August 2019, the Defendant received the B message stating that “When you are the importing company of alcoholic beverages, if you pay in a normal sheet, they will use 30,000 won for 30,000 won, if you loan the e-mail card due to tax issues.” At that time, the Defendant sent one check card connected to the account of community credit cooperatives in the name of the Defendant in Eunpyeong-gu Seoul at around that time, and then sent it to the person under whose name the e-mail was named.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Investigation report (verification of suspect A-class records);

1. Application of the statutes governing details of transactions by period of receipt;

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 of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is the act of lending the means of access, such as this case, which facilitates crimes such as tax evasion and fraud, is serious.

In fact, the means of access in the name of the defendant was used for the fraud, and the amount of damage was not much.

Although the defendant was ordered to suspend indictment for the same crime, he/she again made the same mistake.

The sentence shall be determined as ordered in consideration of the circumstances, the circumstances, the background of the crime, the amount of damage related to the crime, the circumstances after the crime, the age, character and conduct, the environment, etc. of the defendant, and the sentencing conditions.