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 the means of access while receiving, demanding or promising any compensation, unless otherwise provided for in other Acts.

Nevertheless, on January 7, 2019, the Defendant received a proposal that “if he has joined a sports earth and send a e-mail card, he will give 5% of its profits.” On the same day, the Defendant sent a copy of the e-mail card connected with the Defendant’s wife’s account (D) in the name of the Defendant’s wife, which was managed by the Defendant via the post office’s home, from the order post office located in 15:30 on the same day.

As a result, the defendant promised to pay compensation and lent the means of access to his name in return.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written confirmation of the results of electronic financial transfer;

1. Application of the F Bank Response Data Acts and subordinate statutes;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The following grounds for sentencing under Article 334(1) of the Criminal Procedure Act are the circumstances unfavorable to the defendant.

The Defendant’s act of lending the means of access to another person, like the instant crime, needs to be strictly punished inasmuch as it can be used as other means of crime, such as singishing.

In this case, the means of access lent by the defendant was used for the crime of Bophishing fraud, causing damage.

On the other hand, the fact that the defendant acknowledges and reflects the crime, and that there is no record of punishment for the same kind of crime.

In addition, the punishment shall be determined as ordered in consideration of the various sentencing conditions shown in the records and arguments of this case, such as the age, character and conduct, environment, circumstances after the crime, and circumstances after the crime.