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

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

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall borrow or lend any access medium with the intention of receiving, demanding or promising any compensation.

Nevertheless, on December 19, 2017, the Defendant received the text message stating, “I will offer an account, use the account for three days, and offer three million won after lending the account.” On December 20, 2017, at around 16:00, the Defendant lent the electronic financial transaction access media by way of delivering one copy of each e-mail card connected to the Saemaul Card and the National Bank Account (D) connected to the Saemaul Bank Account in the name of the Defendant at the “C cafeteria” parking lot located in Eunpyeong-gu Seoul, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of text messages;

1. Application of the Acts and subordinate statutes to inquire about the details of transactions of deposits and withdrawals, issuance cards;

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

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The access media leased by the Defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is actually used for other crimes, and the liability for such crime is not less complicated.

On the other hand, it is against the defendant's wrong recognition, there is no profit gained from the crime of this case, and there is no record that the defendant was punished for the same crime.

The sentence is determined as ordered by considering all factors of sentencing as shown in the argument of the instant case, such as the circumstance in which the Defendant’s age, sex, environment, family relationship, and access media have been transferred.