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, the Defendant, at around July 10, 2019, misrepresented the name “C team leader” of B, from a person whose name is not known, “to obtain a loan. To process it, the physical card is essential. To process it, the physical card is sent to the address to which it will send the address.” After receiving a proposal, the Defendant sent the physical card to the post office’s address, and then, at the Busan post office located at the city of Ansan-dong at 47 at the center of Andong-si, Andong-si, 15:00 on the same day, the Defendant sent the physical card to a person whose name is not known by using one copy of the physical card connected to the D bank account in the name of the Defendant, and notified the password using the telephone.

As a result, the Defendant promised to receive a future loan in return for the intangible expected interest, and lent a means of access for electronic financial transactions to a person who is not aware of his name.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A certificate of remittance, a warrant of seizure and verification (2019-3366) and reply data from a financial institution;

1. Application of the Kakao Stockholm conversation statutes submitted by the suspect;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the sentencing of the provisional payment order is as follows: (a) it is necessary to strictly eradicate the lending of the means of access, such as the instant case, because it is highly likely to be abused for crimes that have great social harm, such as tax evasion, gambling, telephone financial fraud, etc.

In fact, the means of access that the defendant has lent is used to commit fraud.