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 a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, on January 31, 2019, the Defendant consented with the proposal that “The office is a variable office. It is possible to loan KRW 5 million from a person who is not aware of the name misrepresenting the loan company’s staff. It is possible to pay interest between two months, and the principal and interest should be repaid at the same time from the third month. As it is necessary to obtain repayment of principal and interest on loans, the check card is sent.” On February 14:55, 2019, the Defendant sent the check to Kwikset Service Articles sent by the said person in front of the “C” in the name of the Defendant at Ansan-si B, Around February 14:55, 2019, and notified the Kwikset Service Articles sent by the said person in front of the “C” bank account in the name of the Defendant.

As a result, the Defendant promised to receive a future loan in return for an intangible expected profit, and lent a means of access for electronic financial transactions to others.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to remittance receipt and a statement of deposit and withdrawal;

1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is as follows: (a) the Defendant had lent the electronic financial means of access to the instant case; (b) the Defendant had no record of committing the same kind of crime; and (c) the Defendant has recognized the Defendant’s mistake and reflect in depth; and (d) the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime.