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

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

1. In using and managing the means of access, no person who violates the Electronic Financial Transactions Act shall receive, request or promise any compensation, or receive or borrow any means of access with knowledge that such means will be used for any crime or be used for any crime;

Nevertheless, at around 13:00 on July 23, 2019, the Defendant received a proposal from a person who was unaware of his/her name from his/her cell phone sales store located in the Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu to “to lend his/her passbook to use the passbook for three months at the face of the week, and to pay KRW 3 million,” and accepted it, and then delivered the passbook and check card to his/her name, using the Kwikset service.

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

2. The embezzlement: (a) the Defendant had the account of community credit cooperatives to use the account in favor of one’s name; and (b) held the account in favor of one million won by remitting the amount of KRW 10 million from the victim C to the said account under the name of the Defendant on July 23, 2019; (c) on the same day, the Defendant transferred the amount of KRW 10 million to the said account under the name of the Defendant, and embezzled it by arbitrarily using it as living expenses, etc.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes on financial transactions;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act (a means of lending access media), Article 355 (1) of the Criminal Act (a point of embezzlement) and the selection of fines for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 requires strict punishment inasmuch as the transfer and lending of the means of access for electronic financial transactions can be used as a means of other crimes.

In this case, the defendant lent.