Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

No one shall transfer or acquire any means of access, unless otherwise specifically provided for in any other Act, in using and managing the means of access.

Nevertheless, at around 13:00 on November 2, 2018, the Defendant listened to the horses that “if you send a e-mail card, they may borrow a loan by accumulating the transaction performance of B bank.” On the same day, at around 16:00 on the same day, the Defendant sent one e-mail card connected to the bank account in the name of the Defendant at the post office located in Gangnam-gu, Seoul Metropolitan Government (D).

As a result, the defendant demanded in return for an intangible expectation profit that can receive a future loan, and lent the means of access to a person with no name.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Details of transfer and details of transactions;

1. Application of Acts and subordinate statutes to investigation reports (Submission of Materials by Suspect A), invoices, and message details [In full view of the above evidence, it is recognized that the Defendant lent the physical card, the means of access, and as long as the Defendant lent the means of access for his/her own interest for the purpose of obtaining a loan, the intent of violating the Electronic Financial Transactions Act

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 act of lending the means of access with the reason for sentencing under Article 334(1) of the Criminal Procedure Act is an act that facilitates various crimes, such as tax evasion, Internet gambling, and entertainment, and the nature of such crime is not good. Considering the fact that the victim was actually used for other crimes, the Defendant’s liability for the crime is not less light.

However, the defendant reflects the defendant, the motive and circumstance of the crime in this case, the number of the means of access transferred, the amount of relevant damage, the circumstances after the crime.