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

However, for two years from the date this judgment becomes final and conclusive, the execution of the above fine.

Punishment of the crime

In using and managing the means of access, no one shall lend the means of access while promising any consideration, unless otherwise specifically provided for in any other Act.

Nevertheless, around July 26, 2019, the Defendant sent a physical card connected to the Nong Bank (B) account in the name of the Defendant in order to obtain a loan at the Yangsan City Bus Terminal Cargo Center located in Yangsan-si 7, Yangsan-si, Yangsan-si, under a proposal to the effect that “the Defendant will receive a loan after confirming the limit on the delivery of the physical card” from an in-named person.

As a result, the Defendant promised to borrow the means of access in return for the intangible benefit of the opportunity to receive the loan.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the detailed statement of transactions of automated machines to statutes;

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 confinement in a workhouse (in cases where a sentence of suspended execution of punishment is invalidated or revoked and the defendant fails to pay a fine);

1. Article 62(1) of the Criminal Act on the suspended execution (Article 62(1) of the Criminal Act on the ground that the defendant's ability to determine is insufficient due to the following: (i) the reason why the crime was committed in this case; (ii) the economic situation of the defendant and his family members difficult to determine; and