A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

On August 11, 2016, the Defendant was sentenced to a suspended sentence of one year in Seoul Southern District Court for a special injury, and the said judgment became final and conclusive on the 19th of the same month.

Criminal facts

Except as otherwise expressly provided for in other Acts, no person shall lend any access medium with the receipt, request or promise of compensation.

Nevertheless, from January 2016 to March 2016, the Defendant received a proposal to the effect that “on the face of lending KRW 700,000 to KRW 80,000 per month, and KRW 2 million after three months,” from his name-free person, and consented thereto. At around that time, the Defendant issued Kwikset Card and Internet banking registration documents connected to the new bank account (B) opened in the name of the Defendant through Kwikset’s service articles in the cancer station located in Gangdong-gu Seoul Metropolitan Government.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Complaint;

1. Previous convictions: Inquiry of criminal history, reporting of the previous convictions and findings of the previous convictions, and application of relevant statutes;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;

1. The latter part of Article 37 of the Criminal Code for the treatment of concurrent crimes, but the reason for sentencing Article 39(1) seems to have been clearly aware that the act of lending an access medium was illegal and may be used in criminal acts because the Defendant was punished three times or more due to the violation of the former Electronic Financial Transactions Act.

Nevertheless, the defendant lent access media to his name-free persons and copied his identification card.

The copy of the access media and identification card leased by the defendant is used for the crime of fraud and the victim is worth KRW 10 million.