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

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

Nevertheless, on September 9, 2018, the Defendant listened to the statement that “A loan will be made to KRW 3 million if the account to be used is to be used normally.” On September 10, 2018, the Defendant issued a debit card under the name of the Defendant to Kwikset through Kwikset’s service, which is the means of access to the D Association Account (E) in the name of the Defendant at around 17:30, Sept. 10, 2018, and notified F of the password.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Inquiries about details of transactions;

1. Application of Acts and subordinate statutes to a warrant of search, seizure, and verification;

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. The following grounds for sentencing under Article 334(1) of the Criminal Procedure Act are the circumstances unfavorable to the defendant.

The Defendant’s act of lending the means of access to another person, like the instant crime, needs to be strictly punished inasmuch as it can be used as other means of crime, such as singishing.

In this case, the means of access lent by the defendant was used for the crime of Bophishing fraud, causing damage.

On the other hand, the fact that the defendant acknowledges and reflects the crime, and that there is no record of punishment for the same kind of crime is favorable.

In addition, the punishment shall be determined as ordered in consideration of the various sentencing conditions shown in the records and arguments of this case, such as the age, character and conduct, environment, circumstances after the crime, and circumstances after the crime.