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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Punishment of the crime

In using and managing the means of access to electronic financial transactions, no one shall borrow or lend a means of access or keep and deliver a means of access while demanding, demanding or promising to do so, unless otherwise provided for in any other Act.

On March 2018, the Defendant received text messages from a person who was not the deceased on his name, stating that “The Defendant would offer cash of KRW 2,00,000,000,000,000,000,000,000) from his name,” and contacted him, and consented to the proposal. On March 20, 2018, the Defendant, using Kwikset’s services in front of the B monopoly located in Geumcheon-gu Seoul Metropolitan Government, provided Kwikset with one check card and password in the name of the Defendant.

Accordingly, the Defendant promised to pay compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Search, seizure, verification warrant and result of execution;

1. Application of Acts and subordinate statutes to investigation reports (voluntary submission of text messages by suspects);

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

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

1. The act of lending the means of access on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is serious as the act of facilitating the crime such as fraud and tax evasion is serious.

In fact, the means of access in the defendant's name was used to commit fraud by a person who was not the victim of his name.

However, the sentence as ordered shall be determined by comprehensively taking into account the following factors: the defendant is the first offender, the defendant is against the crime, the defendant has no benefit acquired by the crime of this case, and the defendant's age, character and conduct, motive and background of the crime, means and consequence of the crime of this case, and the conditions of sentencing as shown in the arguments and the records