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 person shall lend an access medium while receiving, demanding or promising to receive compensation in using or managing the access medium.

Nevertheless, at around January 25, 2018, the Defendant agreed to receive KRW 2 million from a person whose name is unknown to receive KRW 3,00,000 from a person who was unable to know the name, and sent a physical card, which is an access media to the bank account (Account Number B), to a person whose name is unknown using Kwikset’s service, and sent the account number and password by telephone.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Certificates of deposit transactions;

1. Application of Acts and subordinate statutes to a criminal investigation report (report on the filing of records on the transactions of passbook A by a suspect A);

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order requires a strict punishment against the defendant in that the crime of this case was committed by lending the access media to the defendant in return for a promise to pay the price, and the nature of the crime is not weak, but the access media leased by the defendant was used for the telephone financial fraud crime.

However, the punishment as ordered shall be determined by taking into account the following circumstances: (a) the Defendant recognized the instant crime and divided his mistake; (b) the Defendant was the primary offender; and (c) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (d) other circumstances that form the conditions for sentencing as shown in the record, such as the circumstances after the crime.