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

When the defendant does not pay the above fine, 100,000 won.

Criminal facts

Except as otherwise provided for in any other Act, no one shall lend any access medium while receiving, demanding or promising the payment thereof in using and managing access medium for electronic financial transactions.

In this regard, on November 27, 2017, the Defendant offered that “A private sports business entity B is a private sports business entity, and if the account needs to be distributed, the Defendant would pay the total of KRW 3 million per page 1,000,000,000 per page 3,000,000,000 won per page,” from a person who was in the name of the Defendant, sent two copies of the physical card linked to the national bank account (C) and the Nong Bank account (D), and lent the access medium by telephone to the non-resident.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a financial transaction statement, text receipt details, and deposit transaction statement (Evidence Nos. 6 to 8);

1. Relevant legal provisions and the choice of punishment for a crime: Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act (excluding punishment);

1. Statutory mitigation: Article 52 (1) and Article 55 (1) 6 of the Criminal Act (self-denunciation);

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

1. Provisional payment order: The reason for sentencing of Article 334(1) of the Criminal Procedure Act [favorable circumstances] / the reason that the liability for the act of lending an access medium that can be used as another means of crime is not less exceptionally (the act of the defendant by the act of the defendant causes actual fraud] [the favorable circumstances] self-denunciation, serious reflectivity, and no benefit that the defendant gains;