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

In using and managing the means of electronic financial transactions, no one may lend the means of access while promising any consideration, unless otherwise specifically provided for in any other Act.

From February 22, 2019 to around 16:00, the Defendant received a proposal from around 15:00 to that effect that “The Defendant would lend a e-mail card with a maximum of KRW 30 million by accumulating transaction performance.” At the front of the e-mail at the e-mail of “C” in “C”, the Defendant issued a e-mail card connected to the e-mail account (E) in the name of the Defendant through Kwikset’s article, and sent a password to the account holder.

As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access to a person who is not his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Details of transfer and receipt ledger;

1. Three copies of reports on internal investigation (with regard to the details of a warrant of search, seizure, and inspection) and replies to banks;

1. Application of the Acts and subordinate statutes in Part VI of investigation reports (Submission of Suspect’s letters of phishing) and written statements;

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (Selection of Fine) concerning the selection of punishment;

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

1. The act of lending the means of access for sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment inasmuch as it can be abused as a means of other serious crimes, such as fraud. In fact, the Defendant’s liability is not somewhat weak in that the means of access that the Defendant lent was used to commit fraud, resulting in damage.

However, the punishment as ordered shall be determined by comprehensively taking into account all the records, such as the fact that the defendant recognized a mistake and against the defendant, the fact that the defendant seems not to have acquired the benefit in this case, the primary crime, and the age, character and conduct, environment, circumstances after the crime, and the circumstances after the crime.