Defendant shall be punished by a fine of KRW 2,000,000.

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 a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, on May 14, 2019, the Defendant listened to the statement that “I will grant a loan: Provided, That if I send a check for the repayment of interest on a loan, I will withdraw the interest on the loan by using it.” On May 15, 2019, the Defendant sent one check card connected to the national bank account (D) in the name of the Defendant in the name of the non-member of the account.”

As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police against the accused and attached materials;

1. E’s statement of statement;

1. Application of Acts and subordinate statutes on financial transaction information;

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202); the selection of fines for criminal facts;

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

1. The Defendant’s criminal liability is not exceptionally imposed in light of the following: (a) the reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is to eradicate the so-called phishing crime; and (b) the fact that the Defendant actually damaged the means of access that he/she lent.

However, taking into account the favorable circumstances, such as the fact that the Defendant recognized all the facts charged in the instant case and reflects the Defendant’s mistake in depth, that the Defendant appears to have considerable difficulty in economic situation, and that the Defendant was an initial offender without any previous conviction, etc., the Defendant is against the Defendant.