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

2. The case where the defendant does not pay the above fine shall be 10.

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend the means of access, or keep, deliver or distribute the means of access in receiving, demanding or promising any compensation therefor.

Nevertheless, on December 2, 2019, the Defendant received a call from a person whose name is unknown at his/her own residence in Dongjak-gu Seoul Metropolitan Government, from a person whose name is unknown, to make it possible to prove his/her wage and salary income by repeating his/her entry and withdrawal, and consented to the lending on this basis, and then lent the means of access in return for consideration by sending a physical card to a person whose name is not known in Daegu via a one bank account (C) connected to the Defendant’s name, and informing the above person of his/her password by telephone.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. A report on internal investigation (attached documents of financial transactions);

1. Report on internal investigation (the counter investigation of a person under the name of passbook A);

1. In relation to investigation report (in relation to non-exploitation of amount of damage), [the “loan of means of access” under Article 6(3)2 of the Electronic Financial Transactions Act refers to the act of temporarily lending the means of access to allow other persons to use the means of access without managing and supervising the user of the means of access; and “price” refers to economic benefits that correspond to the lending of the means of access (see Supreme Court Decision 2017Do16946, Jun. 27, 2019). The provision of the statute applies to the case where the defendant who had been unable to obtain a loan by normal means promised to obtain an opportunity to receive a loan while lending a physical card connected to the account held in the name of the accused to the name of the accused constitutes lending the means of access while receiving and promising to receive the payment];

1. Relevant provisions concerning facts constituting an offense;