Defendant shall be punished by a fine of KRW 1,000,000.

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

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.

On January 7, 2020, the Defendant promised to obtain a loan from the shipping substitute post office located in Busan High-ro 87, Busan High-ro, Busan High-Tech, and sent the physical card connected to the bank account (number B) in the name of the Defendant, the means of electronic financial transactions, using home-based service, to the bearers.

Accordingly, the defendant promised to receive compensation and lent the means of access to electronic financial transactions.

Summary of Evidence

1. Partial statement of the defendant;

1. A police interrogation protocol of the defendant;

1. Attachment: Correspondence data and attachment: The defendant and his defense counsel asserted that the submission data [the defendant and his defense counsel shall hear the words that it is necessary for a credit verification from a person who misrepresented with a lending adviser, and thus, it is not a promise to receive a payment." However, the "price" under Article 6 (3) 2 of the Electronic Financial Transactions Act refers to the economic interest corresponding to the lending of the means of access. Thus, even if the defendant sent a e-mail card at the end that requires the e-mail card, it is reasonable to view that the act constitutes "the lending of the means of access to electronic financial transactions by promising to receive a payment" under Article 6 (3) 2 of the Electronic Financial Transactions Act as long as the defendant committed such act for the economic interest of the lending process. Thus,

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment for a crime;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;