Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

No person shall borrow or lend a means of access in the course of receiving, demanding or promising the payment in electronic financial transactions.

On August 20, 2018, the Defendant: (a) received text messages from a person who was unaware of his name to the effect that “it is a alcoholic beverage company, and is leased with the aim of viewing tax benefits; (b) 10-15% of the deposit amount to be used for a maximum of 3 days; and (c) promised to lend an account to the account; (d) around 13:00 on the same day, the Defendant lent the means of access by promising to pay the amount by promising to return a letter of e-mail to the bearer’s account (E) in the name of the Defendant before the company called “C” located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused (including attached documents);

1. The statement of victim;

1. Application of Acts and subordinate statutes to the details of deposits and transactions, and the statement of personal data of financial institutions (written inquiries about personal data, etc.);

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

1. The circumstances favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The following circumstances are considered: (a) it reflects mistake; (b) it appears that there is no benefit acquired from the instant crime; and (c) it appears that the transfer or lending of the means of access is a means to facilitate other crimes as well as to impair the safety and reliability of electronic financial transactions; and (d) it is not easy to impose a sentence, taking into account all the circumstances, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime.