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

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On May 22, 2019, the Defendant received a proposal from a person without his name, stating that he would repeatedly create a transaction performance by sending the check card and increase credit points, and then accepted the loan. On the same day, the Defendant issued Kwikset cards connected to the deposit account (Account Number: D) in the name of the Defendant using Kwikset services in front of the office located in C in the city of Busan at the time of the same day.

Accordingly, the Defendant promised to obtain intangible expectation interest that can be received future loans through the details of transactions of deposit and withdrawal, and lent the means of access to a person who is not his/her name.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement of E;

1. Details of transactions;

1. Determination as to the assertion by the Defendant and the defense counsel for each investigation report

1. The Defendant alleged that he/she issued a physical card to his/her name in return for the promise to receive intangible expected benefits, and does not lend the means of access to his/her name in return for the promise to receive the intangible expected benefits.

2. Determination

A. “Lending a means of access” under Article 6(3)2 of the Electronic Financial Transactions Act means lending a means of access to a third party temporarily by using a means of access without managing or supervising the user of the means of access while receiving, demanding or promising to receive compensation. “Price” refers to economic benefits in relation to the lending of the means of access.

(See Supreme Court Decision 2017Do16946 Decided June 27, 2019). B.

However, according to the evidence duly adopted and examined by this court, the defendant, in the course of counseling with the Buddhist victim who expressed himself as the team leader of the F's "F" team and providing loans to the defendant, he would make a transaction performance when sending a physical card due to lack of credit limits, raise credit points, and make a loan.