Defendant shall be punished by a fine of KRW 4,000,000.

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, on June 17, 2019, the Defendant listened to the statement that “on the face of sending a e-mail card to pay interest and principal,” from a name-free person who assumes the name of the lending company, the Defendant: (a) obtained the e-mail card connected to the above account after having opened the e-mail account under the name of the Defendant; and (b) notified the name-free person of the account number, password, etc.; (c) around June 18, 2019, the Defendant sent the e-mail card to Kwikset service engineer whose name cannot be known in front of the Defendant’s house located in Nam-si, Nam-si.

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. Partial statement of the defendant;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes, such as an application for opening an account and E dialogue;

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 assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the argument is that the Defendant listened to the purport that “a loan will be avoided,” and the Defendant’s loan to the lender should be entrusted with a physical card in order to prevent any unlawful report, and that the Defendant would withdraw the interest by using a physical card,” as indicated in the judgment, is merely a cover of a physical card, and it cannot be deemed that the Defendant lent a means of access.

2. Determination

A. “Lending a means of access” under Article 6(3)2 of the Electronic Financial Transactions Act means receiving or demanding the payment.