Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

Except as otherwise expressly provided for in other Acts and subordinate statutes, no person shall borrow or lend any means of access used in electronic financial transactions while receiving, demanding or promising to receive any consideration.

Nevertheless, on August 23, 2018, the Defendant: (a) heard the statement that “the Defendant borrowed a physical card to reduce taxes from the company; (b) uses it for three days per card; and (c) paid KRW 2.4 million to the company; and (d) consented, around 11:00, August 28, 2018, the Defendant issued one physical card connected to the Defendant’s bank account (E) in the name of the Defendant in Singu-si B in Singu-si B by means of delivering it to the “Seoul, Young-gu, Seoul, etc. F” designated by the said person, and sent the account number and password of the said account to the mobile phone.

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

Summary of Evidence

1. Defendant's legal statement;

1. Details of transactions for entry and withdrawal;

1. Application of the statutes governing the screen and output of text messages;

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 sentencing conditions under Article 334(1) of the Criminal Procedure Act, which include the defendant's age, character and conduct, family relation, etc., shall be determined as ordered by considering the following normal relation.

- Unfavorable circumstances: The fact that the Defendant’s account was used in committing a telecommunications-based financial fraud and favorable circumstances: The confession and reflect; the fact that the transaction appears to have been suspended before withdrawing the input amount; and the fact that there is no profit actually acquired through the crime and the first crime.