Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Criminal facts

No person may lend a means of access for electronic financial transactions in return for any consideration.

Nevertheless, around May 2, 2013, the Defendant received a proposal that “the user fee of KRW 60,000 per day per head of the Tong shall be paid to use the passbook,” from a person who was named in the website “C,” and accepted it and delivered two cash cards linked to the account in the name of the Defendant using Kwikset services.

Accordingly, the Defendant lent the means of access for electronic financial transactions at a price.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Certificates of details of deposit transactions;

1. Application of reply statutes to requests for the provision of financial transaction information;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The defense counsel on the defense counsel’s assertion of the provisional payment order under Article 334(1) of the Criminal Procedure Act asserts that the defendant is not guilty, since he/she did not receive the price

On December 31, 2008, when revising the former Electronic Financial Transactions Act by Act No. 9325 of Dec. 31, 2008, the provision punishing “the act of borrowing or lending the means of access with consideration.” This is complementary to the legislative limit that “transfer” under the former Electronic Financial Transactions Act does not simply include the act of lending or allowing temporary use of the means of access. The newly established provision to actively cope with crimes using the so-called “componed passbook.” In light of the legislative purpose, the lending of the means of access with consideration should not only be made in cases where the number of consideration has already been paid, but also in cases where the number of consideration has been given.