Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, around August 13, 2019, the Defendant accepted a proposal to the effect that “When sending a physical card, if sending it, by making a false transaction performance and raising credit rating, will execute a loan.” On the same day, the Defendant sent the physical card one and its password, which is a means of access connected to the Defendant’s account under the name of the Defendant, through Kwikset service.

Accordingly, the defendant provided a means of access with the promise to receive an intangible expected profit to implement the loan.

Summary of Evidence

1. Defendant's legal statement;

1. E/Sgd. and written statements;

1. Application of Acts and subordinate statutes on account transfer and details of account transactions;

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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by comprehensively taking into account the Defendant’s age, character and conduct, family relationship, the content and circumstances of the instant crime, and the circumstances after the instant crime.

The act of lending means of access is not only detrimental to the safety and reliability of electronic financial transactions, but also it is necessary to strictly cope with the risk of massing a large number of victims because it is used for other crimes.

The means of access leased by the accused was actually used for the fraud crime.

A favorable circumstance: The Defendant recognized the instant crime and did not repeat the same mistake.

Defendant has no record of punishment for the same kind of crime in the past.