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

In using and managing the means of access, no one may lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

On December 24, 2018, the Defendant received a call from a person who has no personal name to the effect that “I would give a loan by raising the transaction performance if he/she transferred a physical card,” and consented to the call, and then, on December 26, 200 of the same month, at the Defendant’s home located in Gyeyang-gu Incheon Gyeyang-gu Incheon, BBC C, one check card connected to the Defendant’s bank account (Account Number: E) and lent it to the person who has no personal name through Kwikset Service Articles.

As a result, the Defendant promised to receive a future loan in return for an intangible expected profit, and lent the means of access to a person who has no name.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the details of transactions, text of account, and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment for a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the fact that the crime of lending the means of access under the Electronic Financial Transactions Act with the reason of sentencing under Article 334(1) of the Criminal Procedure Act is not only detrimental to the security and reliability of electronic financial transactions, but also is also a means to facilitate other crimes, there is a need for strict punishment against the Defendant in light of the fact that the means of access in this case leased by the Defendant was actually used for the crime.

However, the sentencing conditions specified in the arguments of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., are considered as having shown that there is no benefit from the defendant to commit the crime of this case, that the defendant does not have the same criminal record, and that there is no other criminal record of the defendant, and the conditions of sentencing as ordered shall be determined by considering the following factors.