Defendant shall be punished by a fine of KRW 2,000,000.

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 borrow or lend the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, around April 22, 2019, the Defendant promised to lend money from a nameless person who became aware of B lending text messages. On the other hand, the Defendant entered the password in one physical card connected to the account of the community credit cooperatives (C) in the name of the Defendant, and then opened one physical card connected to the above community credit cooperative account to the Kwikset service article who sent the nameless person at the F convenience store located in the E commercial area located in the Namwon-si.

Accordingly, the Defendant promised to pay compensation and lent the means of access.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes on deposit receipts;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that the Defendant, as indicated in the judgment, listens to the purport that “to lend a loan from a person who manifested that he is a lending company’s employee, and to withdraw by ascertaining interest through a physical check at the time of leaving a physical check,” he cannot be deemed to have lent a physical check, and it cannot be deemed that he lent a medium of access, given that he did not cover any consideration.

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 so that any other person may temporarily use the means of access without managing and supervising the user of the means of access when receiving, demanding or promising to receive compensation.