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 borrow or lend a means of access, or keep, deliver or distribute a means of electronic financial transactions in receiving, demanding or promising any compensation therefor.

On October 20, 2018, the Defendant: (a) from a nameless person who misrepresented as an employee of a trade company by telephone, the head of the Tong would be paid KRW 3 million if the head of the passbook would be used for three months; and (b) on the same day, the Defendant sent the check card connected to the account in the name of the Defendant’s name to the bank account (D) by using the door-to-door dispatch officer found in the Defendant’s residence located in the Nam-gu Incheon Metropolitan City.

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

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes on remittance confirmation;

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 under Article 334(1) of the Criminal Procedure Act of the provisional payment order [unfair circumstances] The Defendant’s crime committed by promising the Defendant to receive compensation and lending the means of access, which facilitates various crimes, such as the so-called “wishing” crime using the means of access under another person’s name, and its social harm is not significant. In light of the fact that the means of access leased by the Defendant was actually used in the crime of fraud and the victim was generated, the Defendant may not be charged with criminal liability corresponding thereto.

[Ligue circumstances] The defendant led to the confession of the crime and reflects his mistake.

The defendant does not have the same surname.

Comprehensively taking into account such circumstances as well as the age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, the sentence shall be determined as ordered.