A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Punishment of the crime

In using and managing a means of access, no one shall engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, around June 26, 2019, the Defendant heard the speech that “I would give a loan if you send a physical card,” and around June 27, 2019, the Defendant sent the physical card, which is the means of access in the name of the Defendant, to Kwikset service article, from “C” operated by the Defendant in Seongbuk-gu, Changwon-si, Changwon-si.

As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.

Summary of Evidence

1. Partial statement of the defendant;

1. The document and written statement of the F;

1. The application of the Kakao Stockholmization content, transfer and transaction details, and the Acts and subordinate statutes of receipts;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination of the Defendant’s assertion of the provisional payment order under Article 334(1) of the Criminal Procedure Act, and the reason for sentencing, the Defendant stated that he only issued a cream card for the withdrawal of principal and interest to be paid by himself, and that he was unaware of the likelihood to be used for the singing crime.

The Electronic Financial Transactions Act was enacted to clarify the legal relationship of the electronic financial transaction to ensure the safety and reliability of the electronic financial transaction (Article 1). “The act of lending the means of access while receiving, demanding or promising the payment” is prohibited (Article 6(3)2), and the person who lends the means of access is punished in violation of Article 6(3)2.

(Article 49(4)2 and 49(4)2 of the Electronic Financial Transactions Act (hereinafter “instant penal provision”). “Lending of access media” under Article 6(3)2 of the Electronic Financial Transactions Act means receiving or demanding the payment.