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

No one shall lend any means of access to electronic financial transactions while promising compensation, and shall lend any means of access knowing that such means will be used for any crime.

On September 3, 2018, the Defendant received a loan fraud proposal from the Defendant to the effect that “3 million won may be loaned at an interest rate of 10%” from the Defendant to a person who was unable to know his/her name using a cell phone from the Defendant’s dwelling C building D, which is the Defendant’s residence, after contacting him/her with a person who was unable to know his/her name, to use the Internet loan at an interest rate of 10%. However, if he/she sent a mother-and-child card and added a password, he/she would collect money and then cut off the identification, thereby leaving him/her back the loan.” On the same day, he/she sent one check card connected to the E bank account (F) in the Defendant’s name before the Defendant’s dwelling, and notified him/her of the password through telephone communications.

Accordingly, the defendant agreed to receive compensation with the knowledge of being used in the crime and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes on the details of remittance and account transactions;

1. Relevant Article of the Act on Criminal Facts, Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (the lending of the means of access while promising compensation), Articles 49 (4) 2 and 6 (3) 3 of the Electronic Financial Transactions Act (the lending of the means of access knowing that it is to be used for a crime);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of the provisional payment order is based on a comprehensive consideration of the Defendant’s age, character and conduct, the contents and circumstances of the instant crime, and the circumstances after the commission of the crime, as set forth in the order.

Unfavorable circumstances: means of access.