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 person shall borrow or lend any access medium, or store, deliver or distribute it while receiving, demanding or promising to receive any consideration.

Nevertheless, the Defendant accepted the proposal that “I will pay 60,000 won per week on the face of a week from the bank account under the name of the head of the Tong for tax reduction and exemption, and return it after using 3 days.” On November 22, 2017, the Defendant lent access media by sending the physical card and password that is linked to the Defendant’s Nong Bank account (D) at the C office located in Jinjin-si, Seoul, around November 22, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on internal investigation (Attachment of details of transactions for the transfer of damaged funds);

1. Application of Acts and subordinate statutes to replies to inquiries about financial information;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) there is a need to strictize the act of lending an approaching medium that is the beginning of the crime of phishing fraud; (b) under the circumstances that the Defendant’s lending medium was actually used in the crime of phishing fraud; (c) the Defendant’s acknowledgement of the crime and reflects the fact that the damage was incurred; (d) the gain acquired by the crime appears to have no profit; and (e) the first offender is considered as a favorable circumstance; and (e) other circumstances that are the sentencing conditions specified in the instant argument, including the Defendant’s age, sexual behavior, career, home environment, motive for the crime, and circumstances after the crime, etc., the sentence is determined as ordered by the Disposition.