Defendant shall be punished by a fine of KRW 4,000,000.

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 the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, around January 11, 2019, the Defendant received a proposal that “the account needs to be reduced or exempted from taxes in operating the company. If the account is lent, only 200 million won per sheet of the physical card will be given.” On January 11, 2019, at Kwikset-si B located in Gangwon-do, Kwikset-si, Gangwon-do, through Kwikset-si’s article of service, then lent two copies of the physical card, which is linked to the Dwikset-si’s account (E) and F(G), to the bearer, and the password was notified in writing.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. Details of transactions in each account;

1. Application for a warrant of search, seizure, and verification (application of financial account trend);

1. Application of Acts and subordinate statutes to each investigation report (referring to the name of the account holder of the damage deposit account A and the entrustment thereof, and the withdrawal from the account in the name of a F bank account);

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 following grounds for sentencing under Article 334(1) of the Criminal Procedure Act are the circumstances unfavorable to the defendant.

The Defendant’s act of lending the means of access to another person, like the instant crime, needs to be strictly punished inasmuch as it can be used as other means of crime, such as singishing.

In this case, the means of access lent by the defendant was used for the crime of Bophishing fraud, causing damage.

Furthermore, the defendant directly withdraws money deposited in the defendant's account.