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 the means of access, no one may borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in other Acts.

Nevertheless, around July 29, 2016, the Defendant received a text message stating, “If he/she lends a new or dormant rental account, he/she will offer KRW 2 million per unit for three days in return for using the text message, contacted with the phone number from which he/she sent the text message, sent one physical card to his/her name in return for payment, and promised to receive the price. In front of the Nam-gu Incheon Metropolitan City National Bank (C), the Defendant lent the e-mail card connected to the account of the National Bank (C) in the name of the Defendant and its password to the above non-known name.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes applicable to personal financial transactions;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the fact that the means of access leased by the accused appears to have been used for the crime of fraud is disadvantageous; (b) the time of the crime; (c) the primary offender; and (d) the fact that the actual acquisition of the means of access appears to have no profit; and (d) other favorable circumstances, taking into account the Defendant’s age, character and conduct, environment, motive and circumstance of the crime; and (e) the punishment as ordered